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Public Act 100-0695 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Employee Housing Act is amended by | ||||
changing Sections 5-5, 5-15, 5-20, 5-25, 5-30, and 5-35 as | ||||
follows:
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(5 ILCS 412/5-5)
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Sec. 5-5. Policy development. The
Department of | ||||
Corrections, the Department of Natural Resources Historic | ||||
Preservation Agency , the University of
Illinois, and the | ||||
University of Illinois Foundation shall each develop a policy
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on housing for State employees that addresses the following:
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(1) Purpose of providing housing.
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(2) Application procedures.
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(3) Eligibility.
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(4) Tenant selection criteria.
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(5) Accounting for housing in employee compensation.
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(6) Employee responsibilities that necessitate | ||||
State-provided housing.
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(7) Procedures for setting and adjusting rent, | ||||
security deposits, and
utility payments.
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(8) Documented justification for State ownership of | ||||
each house or
property.
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(Source: P.A. 97-916, eff. 8-9-12 .)
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(5 ILCS 412/5-15)
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Sec. 5-15. Rental housing. The Department
of Corrections, | ||
the Department of Natural Resources Historic Preservation | ||
Agency , the Department of
Transportation, the University of | ||
Illinois, and the University of Illinois
Foundation shall each | ||
analyze the need for providing low-rent housing to its
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employees and shall consider alternatives to State-owned | ||
housing. Rent charged
for State-owned housing shall be | ||
evaluated every 3 years for adjustments,
including that | ||
necessitated by changing economic conditions.
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(Source: P.A. 97-916, eff. 8-9-12.)
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(5 ILCS 412/5-20)
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Sec. 5-20. Security deposit. The
Department of | ||
Corrections, the Department of Transportation, the Department | ||
of Natural Resources Historic
Preservation Agency , the | ||
University of Illinois, and the University of Illinois
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Foundation shall each analyze the need for all employee and | ||
non-employee
tenants of State-owned housing to pay a reasonable | ||
security deposit and may
each collect security deposits and | ||
maintain them in interest-bearing accounts.
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(Source: P.A. 97-916, eff. 8-9-12.)
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(5 ILCS 412/5-25)
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Sec. 5-25. Utilities. The Department of
Corrections, the | ||
Department of Natural Resources Historic Preservation Agency , | ||
and the University of Illinois
may each require its employees | ||
for whom it provides housing to pay their own
utilities. If | ||
direct utility payment is required, a utility schedule shall be
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established for employees who can not directly pay utilities | ||
due to extenuating
circumstances, such as occupancy of | ||
dormitories not individually metered.
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(Source: P.A. 97-916, eff. 8-9-12.)
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(5 ILCS 412/5-30)
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Sec. 5-30. Tenant selection. The
Department of | ||
Corrections, the Department of Natural Resources Historic | ||
Preservation Agency , the Department of
Transportation, the | ||
University of Illinois, and the University of Illinois
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Foundation shall each develop and maintain application forms | ||
for its
State-owned housing, written criteria for selecting | ||
employee tenants, and
records of decisions as to who was | ||
selected to receive State housing and why
they were selected.
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(Source: P.A. 97-916, eff. 8-9-12.)
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(5 ILCS 412/5-35)
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Sec. 5-35. Housing justification. The Department of | ||
Natural Resources
Historic Preservation Agency , and the | ||
University of Illinois shall each develop
written criteria for | ||
determining which employment positions necessitate
provision |
of State housing. The criteria shall include the specific
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employee responsibilities that can only be performed | ||
effectively by occupying
State housing.
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(Source: P.A. 97-916, eff. 8-9-12.)
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Section 7. The Department of Natural Resources Act is | ||
amended by adding Section 1-45 as follows: | ||
(20 ILCS 801/1-45 new) | ||
Sec. 1-45. Report on transfer of the powers and duties of | ||
the Historic Preservation Agency to the Department. | ||
The Department of Natural Resources shall, on or before | ||
December 31, 2018 and annually thereafter for 3 calendar years, | ||
provide a report to the General Assembly that includes an | ||
analysis of the effect the transfer of the powers and duties | ||
from the Historic Preservation Agency to the Department under | ||
this amendatory Act of the 100th General Assembly had on State | ||
government and State taxpayers. The report shall also include | ||
recommendations for further legislation relating to the | ||
implementation of the reorganization. A copy of each report | ||
shall be filed with the General Assembly as provided under | ||
Section 3.1 of the General Assembly Organization Act. | ||
Section 10. The Interagency Wetland Policy Act of 1989 is | ||
amended by changing Section 2-1 as follows:
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(20 ILCS 830/2-1) (from Ch. 96 1/2, par. 9702-1)
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Sec. 2-1. Interagency Wetlands Committee. An Interagency | ||
Wetlands
Committee, chaired by the Director of Natural | ||
Resources or his or her
representative, is established. The | ||
Directors of the following agencies,
or their respective | ||
representatives, shall serve as
members of the Committee:
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Capital Development Board,
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Department of Agriculture,
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Department of Commerce and Economic Opportunity,
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Environmental Protection Agency, and
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Department of Transportation . , and
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Historic Preservation Agency.
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The Interagency Wetlands Committee shall also include 2 | ||
additional persons
with relevant expertise designated by the | ||
Director of Natural Resources.
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The Interagency Wetlands Committee shall advise the | ||
Director in the
administration of this Act. This will include:
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(a) Developing rules and regulations for the | ||
implementation and
administration of this Act.
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(b) Establishing guidelines for developing individual | ||
Agency Action Plans.
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(c) Developing and adopting technical procedures for | ||
the consistent
identification, delineation and evaluation | ||
of existing wetlands and
quantification of their | ||
functional values and the evaluation of wetland
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restoration or creation projects.
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(d) Developing a research program for wetland | ||
function, restoration
and creation.
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(e) Preparing reports, including:
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(1) A biennial report to the Governor and the | ||
General Assembly on the
impact of State supported | ||
activities on wetlands.
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(2) A comprehensive report on the status of the | ||
State's wetland
resources, including recommendations | ||
for additional programs, by
January 15, 1991.
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(f) Development of educational materials to promote | ||
the protection
of wetlands.
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(Source: P.A. 94-793, eff. 5-19-06.)
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Section 15. The State Parks Designation Act is amended by | ||
changing Section 1 as follows:
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(20 ILCS 840/1) (from Ch. 105, par. 468g)
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Sec. 1. The following described areas are
designated State | ||
Parks and have the names herein ascribed to them:
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Adeline Jay Geo-Karis Illinois Beach State Park, in Lake | ||
County;
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Apple River Canyon State Park, in Jo Daviess County;
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Argyle Lake State Park, in McDonough County;
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Beaver Dam State Park, in Macoupin County;
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Buffalo Rock State Park, in La Salle County;
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Castle Rock State Park, in Ogle County;
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Cave-in-Rock State Park, in Hardin County;
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Chain O'Lakes State Park, in Lake and McHenry Counties;
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Delabar State Park, in Henderson County;
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Dixon State Park, in Lee County;
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Dixon Springs State Park, in Pope County;
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Eagle Creek State Park, in Shelby County;
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Eldon Hazlet State Park, in Clinton County;
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Ferne Clyffe State Park, in Johnson County;
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Fort Creve Coeur State Park, in Tazewell County;
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Fort Defiance State Park, in Alexander County;
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Fort Massac State Park, in Massac County;
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Fox Ridge State Park, in Coles County;
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Frank Holten State Park, in St. Clair County;
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Funk's Grove State Park, in McLean County;
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Gebhard Woods State Park, in Grundy County;
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Giant City State Park, in Jackson and Union Counties;
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Goose Lake Prairie State Park, in Grundy County;
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Hazel and Bill Rutherford Wildlife Prairie State Park, in | ||
Peoria County;
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Hennepin Canal Parkway State Park, in Bureau, Henry, Rock | ||
Island, Lee and
Whiteside Counties;
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Horseshoe Lake State Park, in Madison and St. Clair | ||
Counties;
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Illini State Park, in La Salle County;
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Illinois and Michigan Canal State Park, in the counties of | ||
Cook,
Will, Grundy, DuPage and La Salle;
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Johnson Sauk Trail State Park, in Henry County;
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Jubilee College State Park, in Peoria County,
excepting | ||
Jubilee College State Historic Site as described
in Section 7.1 | ||
of the Historic Preservation Agency Act;
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Kankakee River State Park, in Kankakee and Will Counties;
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Kickapoo State Park, in Vermilion County;
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Lake Le-Aqua-Na State Park, in Stephenson County;
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Lake Murphysboro State Park, in Jackson County;
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Laurence C. Warren State Park, in Cook County;
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Lincoln Trail Homestead State Park, in Macon County;
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Lincoln Trail State Park, in Clark County;
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Lowden State Park, in Ogle County;
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Matthiessen State Park, in La Salle County;
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McHenry Dam and Lake Defiance State Park, in McHenry | ||
County;
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Mississippi Palisades State Park, in Carroll County;
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Moraine View State Park, in McLean County;
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Morrison-Rockwood State Park, in Whiteside County;
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Nauvoo State Park, in Hancock County, containing Horton | ||
Lake;
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Pere Marquette State Park, in Jersey County;
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Prophetstown State Park, in Whiteside County;
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Pyramid State Park, in Perry County;
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Railsplitter State Park, in Logan County;
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Ramsey Lake State Park, in Fayette County;
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Red Hills State Park, in Lawrence County;
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Rock Cut State Park, in Winnebago County, containing Pierce | ||
Lake;
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Rock Island Trail State Park, in Peoria and Stark Counties;
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Sam Parr State Park, in Jasper County;
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Sangchris Lake State Park, in Christian and Sangamon | ||
Counties;
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Shabbona Lake and State Park, in DeKalb County;
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Siloam Springs State Park, in Brown and Adams Counties;
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Silver Springs State Park, in Kendall County;
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South Shore State Park, in Clinton County;
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Spitler Woods State Park, in Macon County;
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Starved Rock State Park, in La Salle County;
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Stephen A. Forbes State Park, in Marion County;
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Walnut Point State Park, in Douglas County;
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Wayne Fitzgerrell State Park, in Franklin County;
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Weinberg-King State Park, in Schuyler County;
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Weldon Springs State Park, in DeWitt County;
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White Pines Forest State Park, in Ogle County;
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William G. Stratton State Park, in Grundy County;
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Wolf Creek State Park, in Shelby County.
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(Source: P.A. 94-1042, eff. 7-24-06 .)
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Section 20. The Outdoor Recreation Resources Act is amended | ||
by changing Sections 2a, 3a, 4a, and 5a as follows:
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(20 ILCS 860/2a) (from Ch. 105, par. 532a)
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Sec. 2a. The Department of Natural Resources Historic | ||
Preservation Agency is authorized to have prepared
with the | ||
Department of Commerce and Economic Opportunity and to
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maintain, and keep up-to-date a comprehensive plan for the
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preservation of the
historically significant properties and | ||
interests of the State.
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(Source: P.A. 94-793, eff. 5-19-06.)
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(20 ILCS 860/3a) (from Ch. 105, par. 533a)
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Sec. 3a.
The Department of Natural Resources Historic | ||
Preservation Agency is authorized to survey, design,
develop, | ||
operate, and maintain
historically significant properties and | ||
interests
of the State; and to acquire land, waters, | ||
structures, and interests in land,
waters and structures for | ||
such historic properties
and interests. It may enter into | ||
contracts and
agreements with the United States or any | ||
appropriate agency thereof,
keep financial and other records | ||
relating thereto, and furnish to
appropriate officials and | ||
agencies of the United States such reports and
information as | ||
may be reasonably necessary to enable such officials and
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agencies to perform their duties under such programs. In | ||
connection with
obtaining for the State of Illinois the | ||
benefits of any such program,
the Department of Natural | ||
Resources Historic Preservation Agency shall
coordinate its | ||
activities with and represent the interests
of individuals, | ||
private organizations and units of government in the survey,
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planning and development of historically significant | ||
properties and interests
in the State.
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(Source: P.A. 84-25.)
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(20 ILCS 860/4a) (from Ch. 105, par. 534a)
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Sec. 4a.
The Department of Natural Resources Historic | ||
Preservation Agency is authorized to receive
Federal monies for | ||
the survey, acquisition, planning and development
of | ||
historically significant properties and interests.
Monies so | ||
received shall be placed in the Illinois Historic Sites Fund in
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the State Treasury. The State Treasurer shall, ex
officio, be | ||
the custodian of such fund. Subject to appropriation,
such fund | ||
shall be drawn upon by the Department Agency
or disbursed by | ||
the State Treasurer to local governmental
units or other | ||
qualified participants upon the direction of the Department | ||
Agency .
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(Source: P.A. 84-25.)
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(20 ILCS 860/5a) (from Ch. 105, par. 535a)
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Sec. 5a.
Projects involving participating Federal-aid | ||
funds may be
undertaken by the Department of Natural Resources | ||
Historic Preservation Agency after it has been
determined that | ||
sufficient funds are available to the Department Agency for
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meeting the non-federal share of project costs. It is the | ||
legislative
intent that, to such extent as may be necessary to | ||
assure the proper
operation, maintenance and preservation of
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historic properties and interests surveyed, acquired or | ||
developed
pursuant to any program participated in by this State | ||
under authority of
this Act, such historic properties and | ||
interests shall
be publicly maintained for
historic | ||
preservation purposes. The Department of Natural Resources | ||
Historic Preservation Agency
may enter
into and administer | ||
agreements with the United States or any appropriate
agency | ||
thereof for survey, planning, acquisition, development and | ||
preservation projects
involving participating Federal-aid | ||
funds on behalf of any county, city,
other governmental unit or | ||
qualified participant provided such county, city, other local
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governmental unit or qualified participant gives necessary | ||
assurances to
the Department of Natural Resources Historic | ||
Preservation Agency
that it has available sufficient funds to | ||
meet its share of
the cost of the project and that the | ||
surveyed, acquired or developed
historic properties and | ||
interests will be
operated and maintained at its expense for
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historic preservation purposes.
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(Source: P.A. 84-25.)
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Section 25. The Historic Preservation Agency Act is amended | ||
by changing Sections 1, 2, 6, 8, 11, 12, 13, 14, 15, 16, 19, 22, | ||
and 35 and by adding Sections 3.1 and 4.5 as follows:
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(20 ILCS 3405/1) (from Ch. 127, par. 2701)
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Sec. 1.
This Article shall be known and may be cited as the |
"Historic
Preservation Agency Act".
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(Source: P.A. 84-25.)
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(20 ILCS 3405/2) (from Ch. 127, par. 2702)
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Sec. 2. For the purposes of this Act:
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(a) (Blank); "Agency" means the
Historic Preservation | ||
Agency;
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(b) (Blank); "Board" means the Board of Trustees of
the | ||
Historic Preservation Agency;
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(b-5) "Department" means the Department of Natural | ||
Resources. | ||
(c) "Director" means the Director of Natural Resources
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Historic Sites and Preservation ;
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(d) (Blank);
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(e) (Blank);
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(f) (Blank); and
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(g) "Historic Sites and
Preservation Division"
means the | ||
Division of Historic Preservation within the Department of | ||
Natural Resources that part of the Agency that is headed by the | ||
Director of Historic
Sites and Preservation .
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(Source: P.A. 100-120, eff. 8-18-17.)
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(20 ILCS 3405/3.1 new) | ||
Sec. 3.1. Agency abolished; functions transferred. | ||
(a) On the effective date of this amendatory Act of the | ||
100th General Assembly, the Historic Preservation Agency, |
including the Board of Trustees, is hereby abolished and all | ||
powers, duties, rights, and responsibilities of the Historic | ||
Preservation Agency, except those functions relating to the | ||
Abraham Lincoln Presidential Library and Museum, shall be | ||
transferred to the Department of Natural Resources. The powers, | ||
duties, rights, and responsibilities related to the functions | ||
of the Historic Preservation Agency transferred under this this | ||
amendatory Act of the 100th General Assembly shall be vested in | ||
and shall be exercised by the Department of Natural Resources. | ||
Each act done in the exercise of those powers, duties, rights, | ||
and responsibilities shall have the same legal effect as if | ||
done by the Historic Preservation Agency or its divisions, | ||
officers, or employees. | ||
(b) The personnel and positions within the Historic | ||
Preservation Agency shall be transferred to the Department of | ||
Natural Resources and shall continue their service within the | ||
Department of Natural Resources. The status and rights of those | ||
employees under the Personnel Code shall not be affected by | ||
this amendatory Act of the 100th General Assembly. The status | ||
and rights of the employees and the State of Illinois and its | ||
agencies under the Personnel Code, the Illinois Public Labor | ||
Relations Act, and applicable collective bargaining agreements | ||
or under any pension, retirement, or annuity plan, shall not be | ||
affected by this amendatory Act of the 100th General Assembly. | ||
(c) All books, records, papers, documents, property (real | ||
and personal), contracts, causes of action, and pending |
business pertaining to the powers, duties, rights, and | ||
responsibilities transferred by this amendatory Act of the | ||
100th General Assembly from the Historic Preservation Agency to | ||
the Department of Natural Resources, including, but not limited | ||
to, material in electronic or magnetic format and necessary | ||
computer hardware and software, shall be transferred to the | ||
Department of Natural Resources. | ||
(d) With respect to the functions of the Historic | ||
Preservation Agency transferred under this amendatory Act of | ||
the 100th General Assembly, the Department of Natural Resources | ||
is the successor agency to the Historic Preservation Agency | ||
under the Successor Agency Act and Section 9b of the State | ||
Finance Act. All unexpended appropriations and balances and | ||
other funds available for use by the Historic Preservation | ||
Agency shall, under the direction of the Governor, be | ||
transferred for use by the Department of Natural Resources in | ||
accordance with this amendatory Act of the 100th General | ||
Assembly. Unexpended balances so transferred shall be expended | ||
by the Department of Natural Resources only for the purpose for | ||
which the appropriations were originally made. | ||
(e) The manner in which any official is appointed, except | ||
that when any provision of an Executive Order or Act provides | ||
for the membership of the Historic Preservation Agency on any | ||
council, commission, board, or other entity, the Director of | ||
Natural Resources or his or her designee shall serve in that | ||
place; if more than one person is required by law to serve on |
any council, commission, board, or other entity, then an | ||
equivalent number of representatives of the Department of | ||
Natural Resources shall so serve. | ||
(f) Whenever reports or notices are required to be made or | ||
given or papers or documents furnished or served by any person | ||
to or upon the Historic Preservation Agency in connection with | ||
any of the powers, duties, rights, or responsibilities | ||
transferred by this amendatory Act of the 100th General | ||
Assembly, the same shall be made, given, furnished, or served | ||
in the same manner to or upon the Department of Natural | ||
Resources. | ||
(g) Any rules of the Historic Preservation Agency that | ||
relate to its powers, duties, rights, and responsibilities and | ||
are in full force on the effective date of this amendatory Act | ||
of the 100th General Assembly shall become the rules of the | ||
Department of Natural Resources. This amendatory Act of the | ||
100th General Assembly does not affect the legality of any of | ||
those rules in the Illinois Administrative Code. Any proposed | ||
rule filed with the Secretary of State by the Historic | ||
Preservation Agency that is pending in the rulemaking process | ||
on the effective date of this amendatory Act of the 100th | ||
General Assembly and pertain to the powers, duties, rights, and | ||
responsibilities transferred, shall be deemed to have been | ||
filed by the Department of Natural Resources. As soon as | ||
practicable hereafter, the Department of Natural Resources | ||
shall revise and clarify the rules transferred to it under this |
amendatory Act of the 100th General Assembly to reflect the | ||
reorganization of powers, duties,
rights, and responsibilities | ||
affected by this amendatory Act of the 100th General Assembly, | ||
using the procedures for recodification of rules available | ||
under the Illinois Administrative Procedure Act, except that | ||
existing title, part, and section numbering for the affected | ||
rules may be retained. On and after the effective date of this | ||
amendatory Act of the 100th General Assembly, the Department of | ||
Natural Resources may propose and adopt, under the Illinois | ||
Administrative Procedure Act, any other rules that relate to | ||
the functions of the Historic Preservation Agency transferred | ||
to and that will now be administered by the Department of | ||
Natural Resources. | ||
(h) The transfer of powers, duties, rights, and | ||
responsibilities to the Department of Natural Resources under | ||
this amendatory Act of the 100th General Assembly does not | ||
affect any person's rights, obligations, or duties, including | ||
any civil or criminal penalties applicable, arising out of | ||
those transferred powers, duties, rights, and | ||
responsibilities. | ||
(i) This amendatory Act of the 100th General Assembly does | ||
not affect any act done, ratified, or canceled, or any right | ||
occurring or established, or any action or proceeding had or | ||
commenced in an administrative, civil, or criminal cause by the | ||
Historic Preservation Agency before the effective date of this | ||
amendatory Act of the 100th General Assembly; those actions or |
proceedings may be defended, prosecuted, or continued by the | ||
Department of Natural Resources. | ||
(j) This amendatory Act of the 100th General Assembly does | ||
not contravene, and shall not be construed to contravene, any | ||
State statute except as provided in this Section or federal | ||
law. | ||
(20 ILCS 3405/4.5 new) | ||
Sec. 4.5. Division of Historic Preservation. | ||
On and after the effective date this amendatory Act of the | ||
100th General Assembly, the Division of Historic Preservation | ||
of the Department of Natural Resources Office of Land | ||
Management shall exercise all
rights, powers, and duties
vested | ||
in the Historic Sites and
Preservation Division. The head of | ||
the Division shall be known as the Division Manager of Historic | ||
Preservation. The Department of Natural Resources may employ or | ||
retain other persons to assist in the discharge of its | ||
functions under this Act, subject to the Personnel Code and any | ||
other applicable Department policies.
| ||
(20 ILCS 3405/6) (from Ch. 127, par. 2706)
| ||
Sec. 6. Jurisdiction. The Historic Sites and Preservation | ||
Division of the Department Agency shall have
jurisdiction over | ||
the
following
described areas which are
hereby designated as | ||
State Historic Sites, State Memorials, and
Miscellaneous | ||
Properties:
|
State Historic Sites
| ||
Bishop Hill State Historic Site, Henry County;
| ||
Black Hawk State Historic Site, Rock Island County;
| ||
Bryant Cottage State Historic Site, Piatt County;
| ||
Buel House, Pope County;
| ||
Cahokia Courthouse State Historic Site, St. Clair County;
| ||
Cahokia Mounds State Historic Site, in Madison and St. | ||
Clair
Counties (however, the Illinois State Museum | ||
shall act as curator of
artifacts pursuant to the | ||
provisions of the Archaeological and
Paleontological | ||
Resources Protection Act);
| ||
Dana-Thomas House State Historic Site, Sangamon County;
| ||
David Davis Mansion State Historic Site, McLean County;
| ||
Douglas Tomb State Historic Site, Cook County;
| ||
Fort de Chartres State Historic Site, Randolph County;
| ||
Fort Kaskaskia State Historic Site, Randolph County;
| ||
Grand Village of the Illinois, LaSalle County;
| ||
U. S. Grant Home State Historic Site, Jo Daviess County;
| ||
Hotel Florence, Cook County;
| ||
Jarrot Mansion State Historic Site, St. Clair County;
| ||
Jubilee College State Historic Site, Peoria County;
| ||
Lincoln-Herndon Law Offices State Historic Site, Sangamon | ||
County;
| ||
Lincoln Log Cabin State Historic Site, Coles County;
| ||
Lincoln's New Salem State Historic Site, Menard County;
|
Lincoln Tomb State Historic Site, Sangamon County;
| ||
Pierre Menard Home State Historic Site, Randolph County;
| ||
Metamora Courthouse State Historic Site, Woodford County;
| ||
Moore Home State Historic Site, Coles County;
| ||
Mount Pulaski Courthouse State Historic Site, Logan | ||
County;
| ||
Old Market House State Historic Site, Jo Daviess County;
| ||
Old State Capitol State Historic Site, Sangamon County;
| ||
Postville Courthouse State Historic Site, Logan County;
| ||
Pullman Factory, Cook County;
| ||
Rose Hotel, Hardin County;
| ||
Carl Sandburg State Historic Site, Knox County;
| ||
Shawneetown Bank State Historic Site, Gallatin County;
| ||
Vachel Lindsay Home, Sangamon County;
| ||
Vandalia State House State Historic Site, Fayette County; | ||
and
| ||
Washburne House State Historic Site, Jo Daviess County.
| ||
State Memorials
| ||
Campbell's Island State Memorial, Rock Island County;
| ||
Governor Bond State Memorial, Randolph County;
| ||
Governor Coles State Memorial, Madison County;
| ||
Governor Horner State Memorial, Cook County;
| ||
Governor Small State Memorial, Kankakee County;
| ||
Illinois Vietnam Veterans State Memorial, Sangamon County;
| ||
Kaskaskia Bell State Memorial, Randolph County;
|
Korean War Memorial, Sangamon County;
| ||
Lewis and Clark State Memorial, Madison County;
| ||
Lincoln Monument State Memorial, Lee County;
| ||
Lincoln Trail State Memorial, Lawrence County;
| ||
Lovejoy State Memorial, Madison County;
| ||
Norwegian Settlers State Memorial, LaSalle County; and
| ||
Wild Bill Hickok State Memorial, LaSalle County.
| ||
Miscellaneous Properties
| ||
Albany Mounds, Whiteside County;
| ||
Emerald Mound, St. Clair County;
| ||
Halfway Tavern, Marion County;
| ||
Hofmann Tower, Cook County; and
| ||
Kincaid Mounds, Massac and Pope Counties.
| ||
(Source: P.A. 92-600, eff. 7-1-02.)
| ||
(20 ILCS 3405/8) | ||
Sec. 8. Business plans. The Department Agency shall create | ||
an individual business plan for each historic site related to | ||
Abraham Lincoln that is listed in Section 6 of this Act. Each | ||
business plan must address ways to enhance tourism at the | ||
historic site and the historic aspect of each site. The | ||
Department Agency may seek assistance from the Department of | ||
Commerce and Economic Opportunity when creating the business | ||
plans. The Department Agency shall complete the business plans | ||
no later than January 1, 2008.
|
(Source: P.A. 95-156, eff. 8-14-07.)
| ||
(20 ILCS 3405/11) (from Ch. 127, par. 2711)
| ||
Sec. 11.
The Historic Sites and Preservation Division of | ||
the Department Agency
shall exercise all
rights, powers and | ||
duties
vested in the Department of Conservation by the | ||
"Illinois Historic
Preservation Act", approved August 14, | ||
1976, as amended.
| ||
(Source: P.A. 92-600, eff. 7-1-02.)
| ||
(20 ILCS 3405/12) (from Ch. 127, par. 2712)
| ||
Sec. 12.
The Historic Sites and Preservation Division of | ||
the Department Agency
shall exercise all
rights, powers and | ||
duties
vested in the Department of Conservation by Section | ||
63a34 of the Civil
Administrative Code of Illinois (renumbered; | ||
now Section 805-220 of the
Department of Natural Resources | ||
(Conservation) Law, 20 ILCS 805/805-220).
| ||
(Source: P.A. 91-239, eff. 1-1-00; 92-600, eff. 7-1-02.)
| ||
(20 ILCS 3405/13) (from Ch. 127, par. 2713)
| ||
Sec. 13.
The Historic Sites and Preservation Division of | ||
the Department Agency
shall exercise all
rights, powers and | ||
duties
vested in the Department of Conservation by "An Act | ||
relating to the
planning, acquisition and development of | ||
outdoor recreation resources and
facilities, and authorizing | ||
the participation by the State of Illinois its
political |
subdivisions and qualified participants in programs of Federal
| ||
assistance relating thereto", approved July 6, 1965, as | ||
amended, solely as
it relates to the powers, rights, duties and | ||
obligations heretofore
exercised by the Department of | ||
Conservation over historically significant
properties and | ||
interests of the State.
| ||
(Source: P.A. 92-600, eff. 7-1-02.)
| ||
(20 ILCS 3405/14) (from Ch. 127, par. 2714)
| ||
Sec. 14.
The Historic Sites and Preservation Division of | ||
the Department Agency
shall exercise all
rights,
powers and | ||
duties set forth
in Sections 10-40 through 10-85 of the | ||
Property Tax Code.
| ||
(Source: P.A. 92-600, eff. 7-1-02.)
| ||
(20 ILCS 3405/15) (from Ch. 127, par. 2715)
| ||
Sec. 15.
The Historic Sites and Preservation Division of | ||
the Department Agency
shall exercise all
rights, powers and | ||
duties
vested in the Department of Conservation by Section | ||
4-201.5 of the
"Illinois Highway Code", approved June 8, 1959, | ||
as amended, solely as it
relates to access to historic sites | ||
and memorials designated pursuant to this
Act.
| ||
(Source: P.A. 92-600, eff. 7-1-02.)
| ||
(20 ILCS 3405/16) (from Ch. 127, par. 2716)
| ||
Sec. 16. The Historic Sites and Preservation Division of |
the Department Agency
shall have the following
additional | ||
powers:
| ||
(a) To hire agents and employees necessary to carry out the | ||
duties and
purposes of the Historic Sites and Preservation | ||
Division of the Department Agency .
| ||
(b) To take all measures necessary to erect, maintain, | ||
preserve, restore,
and conserve all State Historic Sites and | ||
State Memorials, except when
supervision and maintenance is | ||
otherwise provided by law. This
authorization includes the | ||
power , with the consent of the Board, to enter
into contracts, | ||
acquire and
dispose of real and personal property, and enter | ||
into leases of real and
personal property. The Department | ||
Agency has the power to acquire, for purposes authorized by | ||
law, any real property in fee simple subject to a life estate | ||
in the seller in not more than 3 acres of the real property | ||
acquired, subject to the restrictions that the life estate | ||
shall be used for residential purposes only and that it shall | ||
be non-transferable.
| ||
(c) To provide recreational facilities, including | ||
campsites, lodges and
cabins, trails, picnic areas, and related | ||
recreational facilities, at all
sites under the jurisdiction of | ||
the Department Agency .
| ||
(d) To lay out, construct, and maintain all needful roads, | ||
parking areas,
paths or trails, bridges, camp or lodge sites, | ||
picnic areas, lodges and
cabins, and any other structures and | ||
improvements necessary and appropriate
in any State historic |
site or easement thereto; and to provide water
supplies, heat | ||
and light, and sanitary facilities for the public and living
| ||
quarters for the custodians and keepers of State historic | ||
sites.
| ||
(e) To grant licenses and rights-of-way within the areas | ||
controlled
by the Historic Sites and Preservation Division of | ||
the Department Agency for the
construction, operation,
and | ||
maintenance upon,
under or across the property, of facilities | ||
for water, sewage, telephone,
telegraph, electric, gas, or | ||
other public service, subject to the terms and
conditions as | ||
may be determined by the Department Agency .
| ||
(f) To authorize the officers, employees, and agents of the | ||
Historic Sites
and Preservation
Division of the Department | ||
Agency ,
for the purposes of investigation and to exercise the | ||
rights,
powers, and duties vested and that may be vested in it, | ||
to enter and cross
all lands and waters in this State, doing no | ||
damage to private property.
| ||
(g) To transfer jurisdiction of or exchange any realty | ||
under the
control of the Historic Sites and Preservation | ||
Division of the Department Agency to
any other Department of
| ||
the State Government,
or to any agency of the Federal | ||
Government, or to acquire or accept Federal
lands, when any | ||
transfer, exchange, acquisition, or acceptance is
advantageous | ||
to the State and is approved in writing by the Governor.
| ||
(h) To erect, supervise, and maintain all public monuments | ||
and memorials
erected by the State, except when the supervision |
and maintenance of
public monuments and memorials is otherwise | ||
provided by law.
| ||
(i) To accept, hold, maintain, and administer, as trustee, | ||
property given
in trust for educational or historic purposes | ||
for the benefit of the People
of the State of Illinois and to | ||
dispose , with the consent of the Board, of
any property under | ||
the terms of the
instrument creating the trust.
| ||
(j) To lease concessions on any property under the | ||
jurisdiction of the
Department Agency for a period not | ||
exceeding 25 years and to lease a concession
complex at | ||
Lincoln's New Salem State Historic Site for which a cash
| ||
incentive has been authorized under Section 5.1 of this the | ||
Historic
Preservation Agency Act for a period not to exceed 40 | ||
years. All
leases, for whatever period, shall be made subject | ||
to the written approval
of the Governor. All concession leases | ||
extending for a period in excess of
10 years, will contain | ||
provisions for the Department Agency to participate, on a
| ||
percentage basis, in the revenues generated by any concession | ||
operation.
| ||
The Department Agency is authorized to allow for provisions | ||
for a reserve account and a leasehold account within Department | ||
Agency concession lease agreements for the purpose of setting | ||
aside revenues for the maintenance, rehabilitation, repair, | ||
improvement, and replacement of the concession facility, | ||
structure, and equipment of the Department Agency that are part | ||
of the leased premises. |
The lessee shall be required to pay into the reserve | ||
account a percentage of gross receipts, as set forth in the | ||
lease, to be set aside and expended in a manner acceptable to | ||
the Department Agency by the concession lessee for the purpose | ||
of ensuring that an appropriate amount of the lessee's moneys | ||
are provided by the lessee to satisfy the lessee's incurred | ||
responsibilities for the operation of the concession facility | ||
under the terms and conditions of the concession lease. | ||
The lessee account shall allow for the amortization of | ||
certain authorized expenses that are incurred by the concession | ||
lessee but that are not an obligation of the lessee under the | ||
terms and conditions of the lease agreement. The Department | ||
Agency may allow a reduction of up to 50% of the monthly rent | ||
due for the purpose of enabling the recoupment of the lessee's | ||
authorized expenditures during the term of the lease.
| ||
(k) To sell surplus agricultural products grown on land | ||
owned by or
under the jurisdiction of the Historic Sites and | ||
Preservation Division of
the Department Agency , when the
| ||
products cannot be used
by the Department Agency .
| ||
(l) To enforce the laws of the State and the rules and | ||
regulations of the Department
Agency in or on any lands owned, | ||
leased, or managed by the Historic Sites and
Preservation
| ||
Division of the Department Agency .
| ||
(m) To cooperate with private organizations and agencies of | ||
the
State of Illinois by providing areas and the use of staff | ||
personnel
where feasible for the sale of publications on the |
historic and cultural
heritage of the State and craft items | ||
made by Illinois craftsmen. These
sales shall not conflict with | ||
existing concession agreements. The
Historic Sites and | ||
Preservation Division of the Department Agency is authorized to
| ||
negotiate with the
organizations and
agencies for a portion of | ||
the monies received from sales to be returned
to the Historic | ||
Sites and Preservation Division of the Department's Agency's | ||
Historic
Sites Fund
for the
furtherance of interpretive
and | ||
restoration programs.
| ||
(n) To establish local bank or savings and loan association
| ||
accounts, upon the written authorization of the Director, to | ||
temporarily
hold income received at any of its properties. The | ||
local accounts
established under this Section shall be in the | ||
name of the Department Historic
Preservation Agency and shall | ||
be subject to regular audits. The balance in
a local bank or | ||
savings and loan association account shall be forwarded to
the | ||
Department Agency for deposit with the State Treasurer on | ||
Monday of each week if
the amount to be deposited in a fund | ||
exceeds $500.
| ||
No bank or savings and loan association shall receive | ||
public funds as
permitted by this Section, unless it has | ||
complied with the requirements
established under Section 6 of | ||
the Public Funds Investment Act.
| ||
(o) To accept , with the consent of the Board, offers of | ||
gifts,
gratuities, or grants from the federal
government, its | ||
agencies, or offices, or from any person, firm, or
corporation.
|
(p) To make reasonable rules and regulations as may be | ||
necessary to
discharge the duties of the Department Agency .
| ||
(q) With appropriate cultural organizations, to further | ||
and advance the
goals of the Department Agency .
| ||
(r) To make grants for the purposes of planning, survey, | ||
rehabilitation,
restoration, reconstruction, landscaping, and | ||
acquisition of Illinois
properties (i) designated individually | ||
in the National
Register of Historic Places, (ii) designated as | ||
a landmark under a county or
municipal landmark ordinance, or | ||
(iii) located within a National Register of
Historic Places | ||
historic district or a locally designated historic district
| ||
when the Director determines that the property is of historic | ||
significance
whenever an
appropriation is made therefor by the | ||
General Assembly or whenever gifts or
grants are received for | ||
that purpose and to promulgate
regulations as may be necessary | ||
or desirable to carry out the purposes
of the grants.
| ||
Grantees may, as prescribed by rule, be required to provide | ||
matching funds
for each grant. Grants made under this | ||
subsection shall be known as Illinois
Heritage Grants.
| ||
Every owner of a historic property, or the owner's agent, | ||
is eligible to
apply for a grant under this subsection.
| ||
(s) To establish and implement a pilot program for charging | ||
admission to
State historic sites. Fees may be charged for | ||
special events, admissions, and
parking or any combination; | ||
fees may be charged at all sites or selected sites.
All fees | ||
shall be deposited into the Illinois Historic Sites Fund. The
|
Historic Sites and Preservation Division of the Department | ||
Agency
shall have the discretion to set and adjust reasonable | ||
fees at the various
sites, taking into consideration various | ||
factors, including, but not limited to:
cost of services | ||
furnished to each visitor, impact of fees on attendance and
| ||
tourism, and the costs expended collecting the fees. The | ||
Department
Agency shall keep
careful records of the income and | ||
expenses resulting from the imposition of
fees, shall keep | ||
records as to the attendance at each historic site, and shall
| ||
report to the Governor and General Assembly by January 31 after | ||
the close of
each year. The report shall include information on | ||
costs, expenses,
attendance, comments by visitors, and any | ||
other information the Department
Agency may
believe pertinent, | ||
including:
| ||
(1) Recommendations as to whether fees should be | ||
continued at each State
historic site.
| ||
(2) How the fees should be structured and imposed.
| ||
(3) Estimates of revenues and expenses associated with | ||
each site.
| ||
(t) To provide for overnight tent and trailer campsites and | ||
to provide
suitable housing facilities for student and juvenile | ||
overnight camping
groups. The Historic Sites and Preservation | ||
Division of the Department Agency shall
charge rates similar to | ||
those
charged by the Department
of Conservation for the same or | ||
similar facilities and services.
| ||
(u) To engage in marketing activities designed to promote |
the sites and
programs administered by the Department Agency . | ||
In
undertaking these activities, the Department
Agency may take | ||
all necessary steps with respect
to products and services,
| ||
including, but not limited to, retail sales, wholesale sales, | ||
direct marketing,
mail order sales, telephone sales, | ||
advertising and promotion, purchase of
product and materials | ||
inventory, design, printing and manufacturing of new
products, | ||
reproductions, and adaptations, copyright and trademark | ||
licensing and
royalty agreements, and payment of applicable | ||
taxes. In addition, the Department Agency
shall have the | ||
authority to sell advertising in its publications and printed
| ||
materials. All income from marketing
activities shall be | ||
deposited into the Illinois Historic Sites Fund.
| ||
(Source: P.A. 99-642, eff. 7-28-16.)
| ||
(20 ILCS 3405/19) (from Ch. 127, par. 2719)
| ||
Sec. 19.
Whenever personal property has been loaned to or | ||
deposited
with the Department Agency and held more than 25 | ||
years and no person has made claim
upon the property, the | ||
property shall be deemed abandoned and shall become
the | ||
property of the Department Agency . Provided, however, that in | ||
order to perfect
the title the Department Agency must | ||
diligently seek to find the owner by writing to
the owner at | ||
the last known address by certified mail. If no claim is made
| ||
within 30 days of sending the certified letter, the Department | ||
Agency shall publish in
the official State newspaper and in a |
local newspaper that distributes in
the area of owner's last | ||
known address a notice containing the name of the
owner, a | ||
description of the property, and the method of filing a claim. | ||
If
no person claims the property within 90 days after the | ||
advertisement is
published, title to the property vests in the | ||
Department Agency .
| ||
(Source: P.A. 87-231.)
| ||
(20 ILCS 3405/22)
| ||
Sec. 22. Amistad Commission. | ||
(a) Purpose. The General Assembly finds and declares that | ||
all people should know of and remember the human carnage and | ||
dehumanizing atrocities committed during the period of the | ||
African slave trade and slavery in America and of the vestiges | ||
of slavery in this country; and it is in fact vital to educate | ||
our citizens on these events, the legacy of slavery, the sad | ||
history of racism in this country, and the principles of human | ||
rights and dignity in a civilized society. | ||
It is the policy of the State of Illinois that the history | ||
of the African slave trade, slavery in America, the depth of | ||
their impact in our society, and the triumphs of | ||
African-Americans and their significant contributions to the | ||
development of this country is the proper concern of all | ||
people, particularly students enrolled in the schools of the | ||
State of Illinois. | ||
It is therefore desirable to create a Commission that, as |
an organized body and on a continuous basis, will survey, | ||
design, encourage, and promote the implementation of education | ||
and awareness programs in Illinois that are concerned with the | ||
African slave trade, slavery in America, the vestiges of | ||
slavery in this country, and the contributions of | ||
African-Americans in building our country; to develop | ||
workshops, institutes, seminars, and other teacher training | ||
activities designed to educate teachers on this subject matter; | ||
and that will be responsible for the coordination of events on | ||
a regular basis, throughout the State, that provide appropriate | ||
memorialization of the events concerning the enslavement of | ||
Africans and their descendants in America and their struggle | ||
for freedom, liberty, and equality. | ||
(b) Amistad Commission. The Amistad Commission is created | ||
within the Department Agency . The Commission is named to honor | ||
the group of enslaved Africans transported in 1839 on a vessel | ||
named the Amistad who overthrew their captors and created an | ||
international incident that was eventually argued before the | ||
Supreme Court and that shed a growing light on the evils of the | ||
slave trade and galvanized a growing abolitionist movement | ||
towards demanding the end of slavery in the United States. | ||
(c) Membership. The Commission shall consist of 15 members, | ||
including 3 ex officio members: the State Superintendent of | ||
Education or
his or her designee, the Director of Commerce and | ||
Economic Opportunity or his or her designee, and the Director | ||
of Historic Sites and Preservation or his or her designee; and |
12 public
members. Public members shall be appointed as | ||
follows: | ||
(i) 2 members appointed by the President of the Senate | ||
and one member appointed by the Minority Leader of the | ||
Senate;
| ||
(ii) 2 members appointed by the Speaker of the House of | ||
Representatives and one member appointed by the Minority | ||
Leader of the House of Representatives; and
| ||
(iii) 6 members, no more than 4 of whom shall be of the | ||
same political party, appointed by the Governor.
| ||
The public members shall be residents of this State, chosen | ||
with due regard to broad geographic representation and ethnic | ||
diversity, who have served actively in organizations that | ||
educate the public on the history of the African slave trade, | ||
the contributions of African-Americans to our society, and | ||
civil rights issues. | ||
Each public member of the Commission shall serve for a term | ||
of 3 years, except that of the initial members so appointed: | ||
one member appointed by the President of the Senate, one member | ||
appointed by the Speaker of the House of Representatives, and 2 | ||
members appointed by the Governor shall serve for terms of one | ||
year; the member appointed by the Minority Leader of the | ||
Senate, one member appointed by the Speaker of the House of | ||
Representatives, and 2 members appointed by the Governor shall | ||
serve for terms of 2 years; and one member appointed by the | ||
President of the Senate, the member appointed by the Minority |
Leader of the House of Representatives, and 2 members appointed | ||
by the Governor shall serve for terms of 3 years. Public | ||
members shall be eligible for reappointment. They shall serve | ||
until their successors are appointed and qualified, and the | ||
term of the successor of any incumbent shall be calculated from | ||
the expiration of the term of that incumbent. A vacancy | ||
occurring other than by expiration of term shall be filled in | ||
the same manner as the original appointment, but for the | ||
unexpired term only. | ||
(d) Election of chairperson; meetings. At its first meeting | ||
and annually thereafter, the Commission shall elect from among | ||
its members a chairperson and other officers it considers | ||
necessary or appropriate. After its first meeting, the | ||
Commission shall meet at least quarterly, or more frequently at | ||
the call of the chairperson or if requested by 9 or more | ||
members. | ||
(e) Quorum. A majority of the members of the Commission | ||
constitute a quorum for the transaction of business at a | ||
meeting of the Commission. A majority of the members present | ||
and serving is required for official action of the Commission. | ||
(f) Public meeting. All business that the Commission is | ||
authorized to perform shall be conducted at a public meeting of | ||
the Commission, held in compliance with the Open Meetings Act. | ||
(g) Freedom of Information. A writing prepared, owned, | ||
used, in the possession of, or retained by the Commission in | ||
the performance of an official function is subject to the |
Freedom of Information Act. | ||
(h) Compensation. The members of the Commission shall serve | ||
without compensation, but shall be entitled to reimbursement | ||
for all necessary expenses incurred in the performance of their | ||
official duties as members of the Commission from funds | ||
appropriated for that purpose. Reimbursement for travel, | ||
meals, and lodging shall be in accordance with the rules of the | ||
Governor's Travel Control Board. | ||
(i) Duties. The Commission shall have the following | ||
responsibilities and duties:
| ||
(1) To provide, based upon the collective interest of | ||
the members and the knowledge and experience of the | ||
members, assistance and advice to schools within the State | ||
with respect to the implementation of education, awareness | ||
programs, textbooks, and educational materials concerned | ||
with the African slave trade, slavery in America, the | ||
vestiges of slavery in this country, and the contributions | ||
of African-Americans to our society. | ||
(2) To survey and catalog the extent and breadth of | ||
education concerning the African slave trade, slavery in | ||
America, the vestiges of slavery in this country, and the | ||
contributions of African-Americans to our society | ||
presently being incorporated into the curricula and | ||
textbooks and taught in the school systems of the State; to | ||
inventory those African slave trade, American slavery, or | ||
relevant African-American history memorials, exhibits, and |
resources that should be incorporated into courses of study | ||
at educational institutions, schools, and various other | ||
locations throughout the State; and to assist the State | ||
Board of Education and
other State and educational agencies | ||
in the development and implementation of African slave | ||
trade, American slavery, and African-American history | ||
education programs. | ||
(3) To act as a liaison with textbook publishers, | ||
schools, public, private, and nonprofit resource | ||
organizations,
and members of the United States Senate and | ||
House of
Representatives and the Illinois Senate and House | ||
of Representatives in
order to facilitate the inclusion of | ||
the history of African slavery and
of African-Americans in | ||
this country in the curricula of public and
nonpublic | ||
schools. | ||
(4) To compile a roster of individual volunteers who | ||
are willing to share their knowledge and experience in | ||
classrooms, seminars, and workshops with students and | ||
teachers on the subject of the African slave trade, | ||
American slavery, the impact of slavery on our society | ||
today, and the contributions of African-Americans to our | ||
country. | ||
(5) To coordinate events memorializing the African | ||
slave trade, American slavery, and the history of | ||
African-Americans in this country that reflect the | ||
contributions of African-Americans in overcoming the |
burdens of slavery and its vestiges, and to seek volunteers | ||
who are willing and able to participate in commemorative | ||
events that will enhance student awareness of the | ||
significance of the African slave trade, American slavery, | ||
its historical impact, and the struggle for freedom. | ||
(6) To prepare reports for the Governor and the General | ||
Assembly regarding its findings and recommendations on | ||
facilitating the inclusion of the African slave trade, | ||
American slavery studies, African-American history, and | ||
special programs in the educational system of the State.
| ||
(7) To develop, in consultation with the State Board of | ||
Education, curriculum guidelines that will be made | ||
available to every school board for the teaching of | ||
information on the African slave trade, slavery in America, | ||
the vestiges of slavery in this country, and the | ||
contributions of African-Americans to our country.
| ||
(8) To solicit, receive, and accept appropriations, | ||
gifts, and donations for Commission operations and | ||
programs authorized under this Section.
| ||
(j) Commission requests for assistance. The Commission is | ||
authorized to call upon any department, office, division, or | ||
agency of the State, or of any county, municipality, or school | ||
district of the State, to supply such data, program reports, | ||
and other information, appropriate school personnel, and | ||
assistance as it deems necessary to discharge its | ||
responsibilities under this Act. These departments, offices, |
divisions, and agencies shall, to the extent possible and not | ||
inconsistent with any other law of this State, cooperate with | ||
the Commission and shall furnish it with such information, | ||
appropriate school personnel, and assistance as may be | ||
necessary or helpful to accomplish the purposes of this Act.
| ||
(k) State Board of Education assistance. The State Board of | ||
Education shall: | ||
(1) Assist the Amistad Commission in marketing and | ||
distributing to educators, administrators, and school | ||
districts in the State educational information and other | ||
materials on the African slave trade, slavery in America, | ||
the vestiges of slavery in this country, and the | ||
contributions of African-Americans to our society. | ||
(2) Conduct at least one teacher workshop annually on | ||
the African slave trade, slavery in America, the vestiges | ||
of slavery in this country, and the contributions of | ||
African-Americans to our society. | ||
(3) Assist the Amistad Commission in monitoring the | ||
inclusion of slavery materials and curricula in the State's | ||
educational system. | ||
(4) Consult with the Amistad Commission to determine | ||
ways it may survey, catalog, and extend slave trade and | ||
American slavery education presently being taught in the | ||
State's educational system. | ||
The State Board of Education may, subject to the | ||
availability of appropriations, hire additional staff and |
consultants to carry out the duties and responsibilities | ||
provided within this subsection (k). | ||
(l) Report. The Commission shall report its activities and | ||
findings, as required under subsection (i), to the Governor and | ||
General Assembly on or before June 30, 2006, and biannually | ||
thereafter.
| ||
(Source: P.A. 94-285, eff. 7-21-05.) | ||
(20 ILCS 3405/35) | ||
Sec. 35. Products manufactured in the United States. State | ||
Historic Sites, State Memorials, and other properties that are | ||
under the jurisdiction of the Department Historic Preservation | ||
Agency under Section 6 of this Act shall set aside a booth or | ||
section for the sale of products manufactured in the United | ||
States. As used in this Section, "products manufactured in the | ||
United States" means assembled articles, materials, or | ||
supplies for which design, final assembly, processing, | ||
packaging, testing, or other process that adds value, quality, | ||
or reliability occurred in the United States.
| ||
(Source: P.A. 98-1031, eff. 8-25-14.)
| ||
(20 ILCS 3405/3 rep.)
| ||
(20 ILCS 3405/4 rep.)
| ||
(20 ILCS 3405/5 rep.)
| ||
(20 ILCS 3405/34 rep.)
| ||
Section 30. The Historic Preservation Agency Act is amended |
by repealing Sections 3, 4, 5, and 34. | ||
Section 35. The Illinois Historic Preservation Act is | ||
amended by changing Sections 2, 3, 4, 5, and 15 as follows:
| ||
(20 ILCS 3410/2) (from Ch. 127, par. 133d2)
| ||
Sec. 2. As used in this Act:
| ||
(a) "Council" means the Illinois Historic Sites Advisory | ||
Council.
| ||
(b) (Blank).
| ||
(c) (Blank). "Agency" means the Historic Preservation
| ||
Agency.
| ||
(c-5) "Department" means the Department of Natural | ||
Resources. | ||
(d) "Director" means the Director of Natural Resources, or | ||
his or her designee Historic Preservation who will serve as
the | ||
State Historic Preservation Officer .
| ||
(d-1) "Historic resource" means any property which is | ||
either publicly or privately held and which: | ||
(1) is listed in the National Register of Historic | ||
Places (hereafter "National Register"); | ||
(2) has been formally determined by the Director to be | ||
eligible for listing in the National Register as defined in | ||
Section 106 of Title 16 of the United States Code; | ||
(3) has been nominated by the Director and the Illinois | ||
Historic Sites Advisory Council for listing in the National |
Register; or | ||
(4) meets one or more criteria for listing in the | ||
National Register, as determined by the Director. | ||
(e) "Place" means (1) any parcel or contiguous grouping of | ||
parcels of
real estate under common or related ownership or | ||
control, where any significant
improvements are at least 40 | ||
years old, or (2) any aboriginal mound, fort,
earthwork, | ||
village, location, burial ground, historic or prehistoric | ||
ruin,
mine case or other location which is or may be the source | ||
of important archeological
data.
| ||
(f) (Blank).
| ||
(g) (Blank).
| ||
(h) (Blank).
| ||
(i) (Blank).
| ||
(Source: P.A. 97-785, eff. 7-13-12.)
| ||
(20 ILCS 3410/3) (from Ch. 127, par. 133d3)
| ||
Sec. 3.
There is recognized and established hereunder the | ||
Illinois Historic
Sites Advisory Council, previously | ||
established pursuant to Federal regulations,
hereafter called | ||
the Council. The Council shall consist of
15 members. Of these, | ||
there shall be at least 3 historians, at least 3
architectural | ||
historians, or architects with a preservation background,
and | ||
at least 3 archeologists. The remaining 6 members shall be | ||
drawn from
supporting fields and have a preservation interest. | ||
Supporting fields shall
include but not be limited to |
historical geography, law, urban planning,
local government | ||
officials, and members of other preservation commissions.
All | ||
shall be appointed by the Director of Historic Sites and | ||
Preservation,
with the consent of the Board .
| ||
The Council Chairperson shall be appointed by the Director | ||
of Historic
Sites and Preservation from the Council
membership | ||
and shall serve at the Director's pleasure.
| ||
The Executive Director of the Abraham Lincoln Presidential | ||
Library and Museum and the Director of
the Illinois State | ||
Museum shall serve on the Council
in advisory capacity as | ||
non-voting members.
| ||
Terms of membership shall be 3 years and shall be staggered | ||
by the Director
to assure continuity of representation.
| ||
The Council shall meet at least 3 times each year. | ||
Additional meetings
may be held at the call of the chairperson | ||
or at the call of the Director.
| ||
Members shall serve without compensation, but shall be | ||
reimbursed for actual
expenses incurred in the performance of | ||
their duties.
| ||
(Source: P.A. 100-120, eff. 8-18-17.)
| ||
(20 ILCS 3410/4) (from Ch. 127, par. 133d4)
| ||
Sec. 4.
In addition to those powers specifically granted or | ||
necessary
to perform the duties prescribed by this Act, the | ||
Council shall have the
following powers:
| ||
(a) to recommend nominations to the National Register |
of Historic Places;
| ||
(b) (blank);
| ||
(c) to recommend removal of places from the National | ||
Register of Historic Places;
| ||
(d) (blank);
| ||
(e) (blank); and
| ||
(f) to advise the Department Agency on matters | ||
pertaining to
historic preservation.
| ||
(Source: P.A. 97-785, eff. 7-13-12.)
| ||
(20 ILCS 3410/5) (from Ch. 127, par. 133d5)
| ||
Sec. 5.
In addition to the powers otherwise specifically | ||
granted to the
Department Agency by law, the Department Agency | ||
shall have
the following powers and responsibilities:
| ||
(a) to perform the administrative functions for the | ||
Council;
| ||
(b) to hold public hearings and meetings concerning the | ||
National Register
of Historic Places;
| ||
(c) to prepare and periodically revise a statewide | ||
preservation plan;
| ||
(d) to attempt to maximize the extent to which the | ||
preservation of historic resources is accomplished through | ||
active use, including
self-sustaining or revenue-producing | ||
use and through the involvement of
persons other than the | ||
Department Agency ; and
| ||
(e) to disseminate information of historic resources,
|
to provide technical and other assistance to persons | ||
involved in preservation
activities, to develop | ||
interpretive programs and otherwise stimulate public
| ||
interest in preservation.
| ||
(Source: P.A. 97-785, eff. 7-13-12.)
| ||
(20 ILCS 3410/15) (from Ch. 127, par. 133d15)
| ||
Sec. 15.
All monies received for historic preservation | ||
programs administered
by the Department Agency , including | ||
grants, direct and indirect cost reimbursements,
income from | ||
marketing activities, gifts, donations and bequests, from
| ||
private organizations, individuals,
other State agencies or | ||
federal agencies, monies received from publications,
and | ||
copying and certification fees related to such programs, and | ||
all income
from fees generated from admissions, special events, | ||
parking, camping,
concession and property rental, shall be | ||
deposited into a special fund in the
State treasury, to be | ||
known as the Illinois Historic Sites Fund, which is
hereby | ||
created. Subject to appropriation, the monies in such fund | ||
shall be
used by the Department Agency for historic | ||
preservation purposes only.
| ||
The Illinois Historic Sites Fund is not subject to | ||
administrative charges or charge-backs, including but not | ||
limited to those authorized under Section 8h of the State | ||
Finance Act. | ||
(Source: P.A. 96-1312, eff. 7-27-10.)
|
Section 40. The Historical Sites Listing Act is amended by | ||
changing Sections 1, 2, and 3 as follows:
| ||
(20 ILCS 3415/1) (from Ch. 128, par. 31)
| ||
Sec. 1.
Any person or State or local governmental agency | ||
owning a site of
general historical interest or having the | ||
written consent of the owner of
such a site may apply to the | ||
Department of Natural Resources Historic Preservation Agency | ||
to have that
site listed and marked as a State historic site.
| ||
(Source: P.A. 92-600, eff. 7-1-02.)
| ||
(20 ILCS 3415/2) (from Ch. 128, par. 32)
| ||
Sec. 2.
If the Department of Natural Resources Historic | ||
Preservation Agency finds
that a site described in
an | ||
application under Section 1 is of sufficient general historical | ||
interest
to warrant listing and marking, it shall list the site | ||
in a register kept
for that purpose and shall display at the | ||
site a suitable marker indicating
that the site is a registered | ||
State historic site.
| ||
(Source: P.A. 92-600, eff. 7-1-02.)
| ||
(20 ILCS 3415/3) (from Ch. 128, par. 33)
| ||
Sec. 3.
The Department of Natural Resources Historic | ||
Preservation Agency , in cooperation with the Division
of | ||
Highways of the Department of
Transportation and any other |
interested
public or private agency, shall place and maintain | ||
all markers at State
historic sites registered under this Act.
| ||
(Source: P.A. 92-600, eff. 7-1-02.)
| ||
Section 45. The Illinois State Agency Historic Resources | ||
Preservation Act is amended by changing Sections 1, 3, 4, and 5 | ||
as follows:
| ||
(20 ILCS 3420/1) (from Ch. 127, par. 133c21)
| ||
Sec. 1. Purposes. The purpose of this Act is to provide | ||
Illinois State
government leadership in preserving, restoring, | ||
and maintaining the
historic resources of the State. It is the | ||
purpose of this Act to
establish a program whereby State | ||
agencies (1) administer the historic
resources under their | ||
control to foster and enhance their availability to
future | ||
generations, (2) prepare policies and plans to contribute to | ||
the
preservation, restoration, and maintenance of State-owned | ||
historic
resources for the inspiration and benefit of the | ||
people, and (3) in
consultation with the Director of Natural | ||
Resources Historic Preservation , institute
procedures to | ||
ensure that State projects consider the preservation and
| ||
enhancement of both State owned and non-State owned historic | ||
resources.
| ||
(Source: P.A. 86-707.)
| ||
(20 ILCS 3420/3) (from Ch. 127, par. 133c23)
|
Sec. 3. Definitions.
| ||
(a) "Director" means the Director of Natural Resources, or | ||
his or her designee Historic Preservation who shall serve
as | ||
the State Historic Preservation Officer .
| ||
(b) "Agency" shall have the same meaning as in Section 1-20 | ||
of
the Illinois Administrative Procedure Act, and shall | ||
specifically include
all agencies and entities made subject to | ||
such Act by any State statute.
| ||
(c) "Historic resource" means any property which is either | ||
publicly or
privately held and which:
| ||
(1) is listed in the National Register of Historic | ||
Places (hereafter
"National Register");
| ||
(2) has been formally determined by the Director to be | ||
eligible for
listing in the National Register as defined in | ||
Section 106 of Title 16 of the
United States Code;
| ||
(3) has been nominated by the Director and the Illinois | ||
Historic Sites
Advisory Council for listing in the National | ||
Register;
| ||
(4) meets one or more criteria for listing in the | ||
National Register, as
determined by the Director; or
| ||
(5) (blank).
| ||
(d) "Adverse effect" means:
| ||
(1) destruction or alteration of all or part of an | ||
historic resource;
| ||
(2) isolation or alteration of the surrounding | ||
environment of an historic
resource;
|
(3) introduction of visual, audible, or atmospheric | ||
elements which are
out of character with an historic | ||
resource or which alter its setting;
| ||
(4) neglect or improper utilization of an historic | ||
resource which
results in its deterioration or | ||
destruction; or
| ||
(5) transfer or sale of an historic resource to any | ||
public or private
entity without the inclusion of adequate | ||
conditions or restrictions
regarding preservation, | ||
maintenance, or use.
| ||
(e) "Comment" means the written finding by the Director of | ||
the effect of
a State undertaking on an historic resource.
| ||
(f) "Undertaking" means any project, activity, or program | ||
that can
result in changes in the character or use of historic | ||
property, if any
historic property is located in the area of | ||
potential effects. The
project, activity or program shall be | ||
under the direct or indirect
jurisdiction of a State agency or | ||
licensed or assisted by a State agency.
An undertaking | ||
includes, but is not limited to, action which is:
| ||
(1) directly undertaken by a State agency;
| ||
(2) supported in whole or in part through State | ||
contracts, grants,
subsidies, loan guarantees, or any | ||
other form of direct or indirect funding
assistance; or
| ||
(3) carried out pursuant to a State lease, permit, | ||
license, certificate,
approval, or other form of | ||
entitlement or permission.
|
(g) "Committee" means the Historic Preservation Mediation | ||
Committee.
| ||
(h) "Feasible" means capable of being accomplished in a | ||
successful
manner within a reasonable period of time, taking | ||
into account economic,
environmental, social, and | ||
technological factors.
| ||
(i) "Private undertaking" means any undertaking that does | ||
not receive
public funding or is not on public lands.
| ||
(j) "High probability area" means any occurrence of Cahokia | ||
Alluvium,
Carmi Member of the Equality Formation, Grayslake | ||
Peat, Parkland Sand,
Peyton Colluvium, the Batavia Member of | ||
the Henry Formation, or the
Mackinaw Member, as mapped by | ||
Lineback et al. (1979) at a scale of
1-500,000 within permanent | ||
stream floodplains and including:
| ||
(1) 500 yards of the adjoining bluffline crest of the | ||
Fox, Illinois,
Kankakee, Kaskaskia, Mississippi, Ohio, | ||
Rock and Wabash Rivers and 300
yards of the adjoining | ||
bluffline crest of all other rivers or
| ||
(2) a 500 yard wide area along the shore of Lake | ||
Michigan abutting the
high water mark.
| ||
(Source: P.A. 97-785, eff. 7-13-12; 98-463, eff. 8-16-13.)
| ||
(20 ILCS 3420/4) (from Ch. 127, par. 133c24)
| ||
Sec. 4. State agency undertakings.
| ||
(a) As early in the planning process as may be practicable | ||
and prior to
the approval of the final design or plan of any |
undertaking by a State
agency, or prior to the funding of any | ||
undertaking by a State agency, or
prior to an action of | ||
approval or entitlement of any private undertaking by
a State | ||
agency, written notice of the project shall be given to the
| ||
Director either by the State agency or the recipients of its | ||
funds, permits
or licenses. The State agency shall consult with | ||
the Director to determine
the documentation requirements | ||
necessary for identification and treatment
of historic | ||
resources. For the purposes of identification and evaluation
of | ||
historic resources, the Director may require archaeological | ||
and historic
investigations. Responsibility for notice and | ||
documentation may be
delegated by the State agency to a local | ||
or private designee.
| ||
(b) Within 30 days after receipt of complete and correct | ||
documentation
of a proposed undertaking, the Director shall | ||
review and comment to the
agency on the likelihood that the | ||
undertaking will have an adverse effect
on a historic resource. | ||
In the case of a private undertaking, the
Director shall, not | ||
later than 30 days following the receipt of an
application with | ||
complete documentation of the undertaking, either approve
that | ||
application allowing the undertaking to proceed or tender to | ||
the
applicant a written statement setting forth the reasons for | ||
the
requirement of an archaeological investigation. If there is | ||
no action
within 30 days after the filing of the application | ||
with the complete
documentation of the undertaking, the | ||
applicant may deem the application
approved and may proceed |
with the undertaking. Thereafter, all
requirements for | ||
archaeological investigations are waived under this Act.
| ||
(c) If the Director finds that an undertaking will | ||
adversely affect an
historic resource or is inconsistent with | ||
agency policies, the State agency
shall consult with the | ||
Director and shall discuss alternatives to the proposed
| ||
undertaking which could eliminate, minimize, or mitigate its | ||
adverse effect.
During the consultation process, the State | ||
agency shall explore
all feasible and prudent plans which | ||
eliminate, minimize, or mitigate
adverse effects on historic | ||
resources. Grantees, permittees, licensees, or
other parties | ||
in interest and representatives of national, State, and local
| ||
units of government and public and private organizations may | ||
participate
in the consultation process. The process may | ||
involve on-site inspections and
public informational meetings | ||
pursuant to regulations issued by the Department of Natural | ||
Resources
Historic Preservation Agency .
| ||
(d) The State agency and the Director may agree that there | ||
is a feasible
and prudent alternative which eliminates, | ||
minimizes, or mitigates the
adverse effect of the undertaking. | ||
Upon such agreement, or if the State
agency and the Director | ||
agree that there are no feasible and prudent
alternatives which | ||
eliminate, minimize, or mitigate the adverse effect, the
| ||
Director shall prepare a Memorandum of Agreement describing the
| ||
alternatives or stating the finding. The State agency may | ||
proceed with the
undertaking once a Memorandum of Agreement has |
been signed by both the
State agency and the Director.
| ||
(e) After the consultation process, the Director and the | ||
State agency
may fail to agree on the existence of a feasible | ||
and prudent alternative
which would eliminate, minimize, or | ||
mitigate the adverse effect of the
undertaking on the historic | ||
resource. If no agreement is reached, the agency
shall call a | ||
public meeting in the county where the undertaking is proposed
| ||
within 60 days. If, within 14 days following conclusion of the | ||
public
meeting, the State agency and the Director fail to agree | ||
on a feasible and
prudent alternative, the proposed | ||
undertaking, with supporting
documentation, shall be submitted | ||
to the Historic Preservation
Mediation Committee. The document | ||
shall be sufficient to identify each
alternative considered by | ||
the Agency and the Director during the
consultation process and | ||
the reason for its rejection.
| ||
(f) The Mediation Committee shall consist of the Director | ||
and 5 persons
appointed by the Director for terms of 3 years | ||
each, each of whom shall be
no lower in rank than a division | ||
chief and each of whom shall represent a
different State | ||
agency. An agency that is a party to mediation shall be
| ||
notified of all hearings and deliberations and shall have the | ||
right to
participate in deliberations as a non-voting member of | ||
the Committee.
Within 30 days after submission of the proposed | ||
undertaking, the Committee
shall meet with the Director and the | ||
submitting agency to review each
alternative considered by the | ||
State agency and the Director and to evaluate
the existence of |
a feasible and prudent alternative. In the event that the
| ||
Director and the submitting agency continue to disagree, the | ||
Committee
shall provide a statement of findings or comments | ||
setting forth an
alternative to the proposed undertaking or | ||
stating the finding that there
is no feasible or prudent | ||
alternative. The State agency shall consider the
written | ||
comments of the Committee and shall respond in writing to the
| ||
Committee before proceeding with the undertaking.
| ||
(g) When an undertaking is being reviewed pursuant to | ||
Section 106 of the
National Historic Preservation Act of 1966, | ||
the procedures of this law
shall not apply and any review or | ||
comment by the Director on such undertaking
shall be within the | ||
framework or procedures of the federal law. This subsection | ||
shall not prevent the Department of Natural Resources Illinois | ||
Historic
Preservation Agency from entering into an agreement | ||
with the Advisory
Council on Historic Preservation pursuant to | ||
Section 106 of the National
Historic Preservation Act to | ||
substitute this Act and its procedures for
procedures set forth | ||
in Council regulations found in 36 C.F.R. Part 800.7.
A State | ||
undertaking that is necessary to prevent an immediate and
| ||
imminent threat to life or property shall be exempt from the | ||
requirements
of this Act. Where possible, the Director shall be | ||
consulted in the
determination of the exemption. In all cases, | ||
the agency shall provide the
Director with a statement of the | ||
reasons for the exemption and shall have
an opportunity to | ||
comment on the exemption. The statement and the comments
of the |
Director shall be included in the annual report of the | ||
Department of Natural Resources Historic
Preservation Agency | ||
as a guide to future actions. The provisions of this
Act do not | ||
apply to undertakings pursuant to the Illinois Oil and Gas Act,
| ||
the Surface-Mined Land Conservation and Reclamation Act and the | ||
Surface
Coal Mining Land Conservation and Reclamation Act.
| ||
(Source: P.A. 96-1000, eff. 7-2-10; 97-785, eff. 7-13-12.)
| ||
(20 ILCS 3420/5) (from Ch. 127, par. 133c25)
| ||
Sec. 5.
Responsibilities of the Department of Natural | ||
Resources Historic Preservation Agency ,
Division of Historic | ||
Preservation Services .
| ||
(a) The Director shall include in the Department's
Agency's | ||
annual report an outline of State agency actions on which | ||
comment
was requested or issued under this Act.
| ||
(b) The Director shall maintain a current list of all | ||
historic resources
owned, operated, or leased by the State and | ||
appropriate maps indicating the
location of all such resources. | ||
These maps shall be in a form available to
the public and State | ||
agencies, except that the location of archaeological
resources | ||
shall be excluded.
| ||
(c) The Director shall make rules and issue appropriate | ||
guidelines to
implement this Act. These shall include, but not | ||
be limited to,
regulations for holding on-site inspections, | ||
public information meetings
and procedures for consultation, | ||
mediation, and resolutions by the
Committee pursuant to |
subsections (e) and (f) of Section 4.
| ||
(d) The Director shall (1) assist, to the fullest extent | ||
possible, the
State agencies in their identification of | ||
properties for inclusion in an
inventory of historic resources, | ||
including provision of criteria for
evaluation; (2) provide | ||
information concerning professional methods and
techniques for | ||
preserving, improving, restoring, and maintaining historic
| ||
resources when requested by State agencies; and (3) help | ||
facilitate State
agency compliance with this Act.
| ||
(e) The Director shall monitor the implementation of | ||
actions of each
State agency which have an effect, either | ||
adverse or beneficial, on an
historic resource.
| ||
(f) The Department of Natural Resources Agency shall manage | ||
and control the preservation, conservation,
inventory,
and | ||
analysis of fine and decorative arts, furnishings, and | ||
artifacts of the
Illinois Executive
Mansion in Springfield, the | ||
Governor's offices in the Capitol in Springfield
and the James
| ||
R. Thompson Center in Chicago, and the Hayes House in DuQuoin.
| ||
The Department of Natural Resources Agency shall manage the | ||
preservation and conservation of the
buildings and
grounds of | ||
the Illinois Executive Mansion in Springfield.
The Governor | ||
shall appoint a
Curator
of the Executive Mansion, with the | ||
advice and consent of the Senate, to assist
the Department of | ||
Natural Resources Agency in
carrying
out the duties under this | ||
item (f).
The person
appointed Curator must have experience in | ||
historic preservation or as a
curator.
The Curator shall serve |
at the pleasure of the Governor.
The Governor shall determine | ||
the compensation of the Curator, which shall not
be diminished | ||
during the term of appointment.
| ||
(Source: P.A. 92-842, eff. 8-22-02.)
| ||
Section 50. The Old State Capitol Act is amended by | ||
changing Sections 1, 2, and 3 as follows:
| ||
(20 ILCS 3430/1) (from Ch. 123, par. 52)
| ||
Sec. 1.
As used in this Act : ,
| ||
(a) "Old State Capitol Complex" means the Old State Capitol
| ||
reconstructed under the "1961 Act" in Springfield and includes | ||
space also
occupied
by the Abraham Lincoln Presidential Library | ||
and Museum and an underground parking garage . ;
| ||
(b) "1961 Act" means "An Act providing for the | ||
reconstruction and
restoration of the old State Capitol at | ||
Springfield and providing for the
custody thereof", approved | ||
August 24, 1961, as amended . ;
| ||
(c) (Blank). "Board of Trustees" means the Board of | ||
Trustees of the Historic
Preservation Agency.
| ||
(d) "Department" means the Department of Natural | ||
Resources. | ||
(Source: P.A. 100-120, eff. 8-18-17; revised 9-28-17.)
| ||
(20 ILCS 3430/2) (from Ch. 123, par. 53)
| ||
Sec. 2.
The Department Board of Trustees shall have |
jurisdiction and custody of, and shall
maintain and operate, | ||
the Old State Capitol Complex and shall succeed to
all rights, | ||
powers, duties and liabilities of the Department of
| ||
Conservation under the "1961 Act" or under any lease or | ||
contract relating
to the Old State Capitol Complex to which the | ||
Department of Conservation is
a party.
| ||
(Source: P.A. 77-135 .)
| ||
(20 ILCS 3430/3) (from Ch. 123, par. 54)
| ||
Sec. 3.
The Department Board of Trustees may establish | ||
rules and regulations for the use
and operation of the Old | ||
State Capitol Complex. Such rules and regulations
shall provide | ||
that such complex will be open at all reasonable hours to the
| ||
public and may provide for the holding of such lectures, | ||
pageants or
similar special events and the sale of such | ||
merchandise as will help
interpret the historical significance | ||
of the Old State Capitol to the
public.
| ||
(Source: P.A. 77-135 .)
| ||
Section 55. The Archaeological and Paleontological | ||
Resources Protection Act is amended by changing Sections 1, 3, | ||
3.1, 3.2, 5, 6, 7, 8, 9, 10, and 11 as follows:
| ||
(20 ILCS 3435/1) (from Ch. 127, par. 133c1)
| ||
Sec. 1.
The State of Illinois reserves to itself the | ||
exclusive right and
privilege of regulating, exploring, |
excavating or surveying, through
the Department of Natural | ||
Resources Historic Preservation Agency , all archaeological and | ||
paleontological
resources found upon or within any public | ||
lands.
| ||
(Source: P.A. 86-459; 86-707.)
| ||
(20 ILCS 3435/3) (from Ch. 127, par. 133c3)
| ||
Sec. 3.
(a) It is unlawful for any person, either by | ||
himself or through
an agent, to explore, excavate or collect | ||
any of the archaeological or
paleontological resources | ||
protected by this Act, unless such person obtains
a permit | ||
issued by the Department of Natural Resources Historic | ||
Preservation Agency .
| ||
(b) It is unlawful for any person, either by himself or | ||
through an
agent, to knowingly disturb any archaeological or | ||
paleontological resource
protected under this Act.
| ||
(c) It is unlawful for any person, either by himself or | ||
through an
agent, to offer any object for sale or exchange with | ||
the knowledge that it
has been previously collected or | ||
excavated in violation of this Act.
| ||
(Source: P.A. 86-459; 86-707.)
| ||
(20 ILCS 3435/3.1) (from Ch. 127, par. 133c3.1)
| ||
Sec. 3.1.
The State's Attorney of the county in which a | ||
violation of
Section 3 is alleged to have occurred, or the | ||
Attorney General, may be
requested by the Director of Natural |
Resources the Historic Preservation Agency to initiate
| ||
criminal prosecutions or to seek civil damages, injunctive | ||
relief and any
other appropriate relief. The Department of | ||
Natural Resources Historic Preservation Agency shall cooperate
| ||
with the State's Attorney or the Attorney General. Persons | ||
aware of any
violation of this Act shall contact the Department | ||
of Natural Resources Historic Preservation Agency .
| ||
(Source: P.A. 86-459; 86-707 .)
| ||
(20 ILCS 3435/3.2) (from Ch. 127, par. 133c3.2)
| ||
Sec. 3.2.
The Department of Natural Resources Historic | ||
Preservation Agency is authorized to offer a
reward of up to | ||
$2,000 for information leading to the arrest and conviction
of | ||
persons who violate Section 3.
| ||
(Source: P.A. 86-459; 86-707.)
| ||
(20 ILCS 3435/5) (from Ch. 127, par. 133c5)
| ||
Sec. 5.
Any violation of Section 3 not involving the | ||
disturbance of
human skeletal remains is a Class A misdemeanor | ||
and the violator
shall be subject to imprisonment and a fine | ||
not in excess of $5,000; any
subsequent violation is a Class 4 | ||
felony. Any violation of Section 3
involving disturbance of | ||
human skeletal remains is a Class 4 felony. Each
disturbance of | ||
an archaeological site or a paleontological site shall
| ||
constitute a single offense. Persons convicted of a violation | ||
of Section 3
shall also be liable for civil damages to be |
assessed by the land managing
agency and the Department of | ||
Natural Resources Historic Preservation Agency . Civil damages | ||
may include:
| ||
(a) forfeiture of any and all equipment used in acquiring | ||
the protected
material;
| ||
(b) any and all costs incurred in cleaning, restoring, | ||
analyzing,
accessioning and curating the recovered materials;
| ||
(c) any and all costs associated with restoring the land to | ||
its
original contour;
| ||
(d) any and all costs associated with recovery of data and | ||
analyzing,
publishing, accessioning and curating materials | ||
when the
prohibited activity is so extensive as to preclude the | ||
restoration of the
archaeological or paleontological site;
| ||
(e) any and all costs associated with the determination and | ||
collection
of the civil damages.
| ||
When civil damages are recovered through the Attorney | ||
General, the
proceeds shall be deposited into the Historic | ||
Sites Fund; when civil
damages are recovered through the | ||
State's Attorney, the proceeds shall be
deposited into the | ||
county fund designated by the county board.
| ||
(Source: P.A. 86-459; 86-707.)
| ||
(20 ILCS 3435/6) (from Ch. 127, par. 133c6)
| ||
Sec. 6.
(a) The Department of Natural Resources Historic | ||
Preservation Agency , in consultation with the
various State | ||
agencies owning or managing land for the use of the State of
|
Illinois, shall develop regulations whereby permits may be | ||
issued for
exploration or excavation of archaeological and | ||
paleontological resources.
These permits shall be issued by the | ||
Department of Natural Resources Historic Preservation Agency | ||
after
consultation with the head of the land managing agency.
| ||
(b) Permits to any person or entity other than the State of | ||
Illinois
shall be issued in accordance with regulations which | ||
shall be promulgated
by the Department of Natural Resources | ||
Historic Preservation Agency .
| ||
(c) Each permit shall specify all terms and conditions | ||
under which the
investigation shall be carried out, including, | ||
but not limited to, location
and nature of the investigation | ||
and plans for analysis and publication of
the results. Upon | ||
completion of the project, the permit holder shall report
its | ||
results to the Department of Natural Resources Historic | ||
Preservation Agency for approval .
| ||
(Source: P.A. 86-459; 86-707.)
| ||
(20 ILCS 3435/7) (from Ch. 127, par. 133c7)
| ||
Sec. 7.
All materials and associated records remain the | ||
property of
the State and are managed by the Illinois State | ||
Museum. The Illinois State
Museum, in consultation with the | ||
Department of Natural Resources Historic Preservation Agency , | ||
is
authorized to establish long-term curation agreements with | ||
universities,
museums and other organizations.
| ||
(Source: P.A. 86-459; 86-707.)
|
(20 ILCS 3435/8) (from Ch. 127, par. 133c8)
| ||
Sec. 8.
(a) The Illinois State Museum shall be exempt from | ||
the permit
requirements established by this Act for lands under | ||
its direct management
but shall register that exploration with | ||
the Department of Natural Resources Historic Preservation | ||
Agency ;
such registration shall include the information | ||
required under subsection
(c) of Section 6.
| ||
(b) Any agency or department of the State of Illinois which | ||
has on
its staff a professional archaeologist or paleontologist | ||
who meets the
minimum qualifications established in Section 9 | ||
and which has in effect a
memorandum of agreement with the | ||
Department of Natural Resources Historic Preservation Agency | ||
for the
protection, preservation and management of | ||
archaeological and
paleontological resources shall be exempt | ||
from the permit requirements
established by this Act.
| ||
(c) Activities reviewed by the Department of Natural | ||
Resources Historic Preservation Agency pursuant
to Section 106 | ||
of the National Historic Preservation Act (16 U.S.C. 470f)
| ||
shall be exempt from these permitting requirements.
| ||
(d) Where a local government's activities are funded in | ||
whole or in part
by a State agency and the funded activities | ||
are supervised or controlled by
the State agency, the local | ||
government shall be exempt from the permit
requirements | ||
established by this Act to the same extent that the State
| ||
agency is exempt. The State agency shall be responsible for |
undertaking or
causing to be undertaken any steps necessary to | ||
comply with this Act for
those local government actions so | ||
exempted.
| ||
(Source: P.A. 86-459; 86-707.)
| ||
(20 ILCS 3435/9) (from Ch. 127, par. 133c9)
| ||
Sec. 9.
The Department of Natural Resources Historic | ||
Preservation Agency shall, through rulemaking,
establish | ||
minimum standards of education and experience for an
| ||
archaeologist or paleontologist to qualify as a professional | ||
for the
purpose of conducting activities for which a permit is | ||
required.
| ||
(Source: P.A. 86-459; 86-707.)
| ||
(20 ILCS 3435/10) (from Ch. 127, par. 133c10)
| ||
Sec. 10.
The Illinois State Museum, in cooperation with the | ||
Department of Natural Resources Historic
Preservation Agency , | ||
shall develop and maintain files containing
information on | ||
known archaeological and paleontological sites in
the State, | ||
whether on State controlled or privately owned property. The | ||
Department of Natural Resources
Historic Preservation Agency | ||
shall ensure the safety of those sites by
promulgating | ||
regulations limiting access to those files as necessary.
| ||
(Source: P.A. 86-459; 86-707.)
| ||
(20 ILCS 3435/11) (from Ch. 127, par. 133c11)
|
Sec. 11.
The Department of Natural Resources Historic | ||
Preservation Agency , in consultation with other
State agencies | ||
and Departments that own or control land, shall promulgate
such | ||
regulations as may be necessary to carry out the purposes of | ||
this Act.
| ||
(Source: P.A. 86-459; 86-707.)
| ||
Section 60. The Human Skeletal Remains Protection Act is | ||
amended by changing Sections 3, 4, 5, 8, 9, 13, 14, 15, and 16 | ||
as follows:
| ||
(20 ILCS 3440/3) (from Ch. 127, par. 2663)
| ||
Sec. 3.
Any person who discovers human skeletal remains | ||
subject to
this Act shall promptly notify the coroner. Any | ||
person who knowingly fails
to report such a discovery within 48 | ||
hours is guilty of a Class C
misdemeanor, unless such person | ||
has reasonable cause to believe that the
coroner had already | ||
been so notified. If the human skeletal remains appear
to be | ||
from an unregistered grave, the coroner shall promptly notify | ||
the Department of Natural Resources
Historic Preservation | ||
Agency prior to their removal. Nothing in this Act
shall be | ||
construed to apply to human skeletal remains subject to "An Act | ||
to
revise the law in relation to coroners".
| ||
(Source: P.A. 86-151.)
| ||
(20 ILCS 3440/4) (from Ch. 127, par. 2664)
|
Sec. 4.
It is unlawful for any person, either by himself or | ||
through
an agent, to knowingly disturb human skeletal remains | ||
and grave artifacts
in unregistered graves protected by this | ||
Act unless such person obtains a
permit issued by the | ||
Department of Natural Resources Historic Preservation Agency .
| ||
(Source: P.A. 86-151.)
| ||
(20 ILCS 3440/5) (from Ch. 127, par. 2665)
| ||
Sec. 5.
It is unlawful for any person, either by himself or | ||
through
an agent, to knowingly disturb a grave marker protected | ||
by this Act unless
such person obtains a permit issued by the | ||
Department of Natural Resources Historic Preservation Agency .
| ||
(Source: P.A. 86-151.)
| ||
(20 ILCS 3440/8) (from Ch. 127, par. 2668)
| ||
Sec. 8.
The State's Attorney of the county in which a
| ||
violation of Sections 4, 5, 6 , or 7 of this Act is alleged to
| ||
have occurred, or the Attorney General, may be requested by
the | ||
Director of Natural Resources the Historic Preservation Agency | ||
to initiate
criminal prosecutions or to seek civil damages, | ||
injunctive
relief and any other appropriate relief. The | ||
Department of Natural Resources Historic
Preservation Agency | ||
shall co-operate with the State's Attorney
or the Attorney | ||
General. Persons aware of any violations of
this Act shall | ||
contact the Department of Natural Resources Historic | ||
Preservation Agency .
|
(Source: P.A. 86-151.)
| ||
(20 ILCS 3440/9) (from Ch. 127, par. 2669)
| ||
Sec. 9.
The Department of Natural Resources Historic | ||
Preservation Agency is authorized to offer a
reward of up to | ||
$2000 for information leading to the arrest and
conviction of | ||
persons who violate Sections 4, 5, 6 , and 7 of this Act.
| ||
(Source: P.A. 86-151.)
| ||
(20 ILCS 3440/13) (from Ch. 127, par. 2673)
| ||
Sec. 13.
(a) The Department of Natural Resources Historic | ||
Preservation Agency shall develop
regulations, in consultation | ||
with the Illinois State Museum, whereby
permits may be issued | ||
for the removal of human skeletal remains and grave
artifacts | ||
from unregistered graves or the removal of grave markers.
| ||
(b) Each permit shall specify all terms and conditions | ||
under which the
removal of human skeletal remains, grave | ||
artifacts, or grave markers shall
be carried out. All costs | ||
accrued in the removal of the aforementioned
materials shall be | ||
borne by the permit applicant. Upon completion of the
project, | ||
the permit holder shall submit a report of the results to the | ||
Department of Natural Resources
Historic Preservation Agency .
| ||
(Source: P.A. 86-151.)
| ||
(20 ILCS 3440/14) (from Ch. 127, par. 2674)
| ||
Sec. 14.
All human skeletal remains and grave artifacts in
|
unregistered graves are held in trust for the people of | ||
Illinois by the
State and are under the jurisdiction of the | ||
Department of Natural Resources Historic Preservation Agency .
| ||
All materials collected under this Act shall be maintained, | ||
with dignity
and respect, for the people of the State under the | ||
care of the Illinois
State Museum.
| ||
(Source: P.A. 86-151.)
| ||
(20 ILCS 3440/15) (from Ch. 127, par. 2675)
| ||
Sec. 15.
The Department of Natural Resources Historic | ||
Preservation Agency shall promulgate such
regulations as may be | ||
necessary to carry out the purposes of this Act.
| ||
(Source: P.A. 86-151.)
| ||
(20 ILCS 3440/16) (from Ch. 127, par. 2676)
| ||
Sec. 16.
Activities reviewed by the Department of Natural | ||
Resources Historic Preservation Agency
pursuant to Section 106 | ||
of the National Historic Preservation Act (16
U.S.C. 470f) and | ||
activities permitted pursuant to the Federal Surface
Mining | ||
Control and Reclamation Act of 1977 (P.L. 95-87), or the rules | ||
and
regulations promulgated thereunder or any law, rule or | ||
regulation adopted
by the State of Illinois thereunder shall be | ||
exempt from these permitting
requirements.
| ||
(Source: P.A. 86-151.)
| ||
Section 65. The Abraham Lincoln Presidential Library and |
Museum Act is amended by changing Sections 30 and 60 as | ||
follows: | ||
(20 ILCS 3475/30)
| ||
Sec. 30. Administration of the Agency. The Agency shall be | ||
under the supervision and direction of an Executive Director. | ||
The person serving on the effective date of this Act as Library | ||
Director, as defined in Section 33 of the Historic Preservation | ||
Agency Act, shall become the inaugural Executive Director on | ||
the effective date of this Act and shall serve as Executive | ||
Director until the expiration of his then-current term as | ||
Library Director. Thereafter, the Board shall appoint the | ||
Executive Director with the advice and consent of the Senate. | ||
The Executive Director shall serve at the pleasure of the Board | ||
for a term of 4 years. The Executive Director shall, subject to | ||
applicable provisions of law, execute and discharge the powers | ||
and duties of the Agency. The Executive Director shall have | ||
hiring power and shall appoint (a) a Library Facilities | ||
Operations Director; and (b) a Director of the Library. The | ||
Executive Director shall appoint those other employees of the | ||
Agency as he or she deems appropriate and shall fix the | ||
compensation of the Library Facilities Operations Director, | ||
the Director of the Library and other employees. The Executive | ||
Director may make provision to establish and collect admission | ||
and registration fees, operate a gift shop, and publish and | ||
sell educational and informational materials.
|
(Source: P.A. 100-120, eff. 8-18-17.) | ||
(20 ILCS 3475/60)
| ||
Sec. 60. Separation from the Historic Preservation Agency. | ||
On the effective date of this Act, all of the powers, duties, | ||
assets, liabilities, employees, contracts, property (real and | ||
personal), including any items formerly contained in the | ||
Illinois State Historical Library now presently held in the | ||
Abraham Lincoln Presidential Library and Museum, records, | ||
pending business, and unexpended appropriations of the | ||
Historic Preservation Agency related to the administration and | ||
enforcement of Sections 17, 32, and 33 of the Historic | ||
Preservation Agency Act are transferred to the Agency created | ||
under this Act.
The status and rights of the transferred | ||
employees, and the rights of the State of Illinois and its | ||
agencies, under the Personnel Code and applicable collective | ||
bargaining agreements or under any pension, retirement, or | ||
annuity plan are not affected (except as provided in Sections | ||
14-110 and 18-127 of the Illinois Pension Code) by that | ||
transfer or by any other provision of this Act.
| ||
(Source: P.A. 100-120, eff. 8-18-17.) | ||
Section 70. The Mississippi River Coordinating Council Act | ||
is amended by changing Sections 10 and 20 as follows: | ||
(20 ILCS 4003/10)
|
Sec. 10. Mississippi River Coordinating Council. | ||
(a) There is established the Mississippi River | ||
Coordinating Council (Council), consisting of 16 voting | ||
members to be appointed by the Governor. One member shall be | ||
the Lieutenant Governor who shall serve as a voting member and | ||
as chairperson of the Council. The agency members of the | ||
Council shall include the Directors, or their designees, of the | ||
following: the Department of Agriculture, the Department of | ||
Commerce and Economic Opportunity, the Illinois Environmental | ||
Protection Agency, the Department of Natural Resources, the | ||
Historic Preservation Agency, and the Department of | ||
Transportation. In addition, the Council shall include one | ||
member representing Soil and Water Conservation Districts | ||
located in the proximity of the Mississippi River and its | ||
tributaries, and 8 members representing local communities, | ||
not-for-profit organizations working to protect the | ||
Mississippi River and its tributaries, businesses, | ||
agriculture, recreation, conservation, and the environment, 2 | ||
of which must reside within a county that is adjacent to the | ||
Mississippi River. | ||
(b) The Governor may appoint, as ex-officio members, | ||
individuals representing the interests of the states who border | ||
the Mississippi River and individuals representing federal | ||
agencies. | ||
(c) Members of the Council shall serve 2-year terms, except | ||
that of the initial appointments, 5 members shall be appointed |
to serve 3-year terms and 4 members to serve one-year terms. | ||
(d) The Council shall meet at least quarterly. | ||
(e) The Office of the Lieutenant Governor shall be | ||
responsible for the operations of the Council, including, | ||
without limitation, funding and oversight of the Council's | ||
activities. The Office may reimburse members of the Council for | ||
travel expenses. | ||
(f) This Section is subject to the provisions of Section | ||
405-500 of the Department of Central Management Services Law. | ||
(g) The members of the Council shall appoint one member of | ||
the Council to serve as the Illinois representative to the | ||
National Mississippi River Parkway Commission.
| ||
(Source: P.A. 97-178, eff. 7-22-11.) | ||
(20 ILCS 4003/20)
| ||
Sec. 20. Agency duties. State agencies represented on the | ||
Council shall provide to the Council, on request, information | ||
concerning agency programs, data, and activities that impact | ||
the restoration and preservation of the Mississippi River and | ||
its tributaries. The Secretary of Transportation, the Director | ||
of Agriculture, the Director of the Environmental Protection | ||
Agency, the Director of Historic Preservation, the Director of | ||
Natural Resources, and the Director of Commerce and Economic | ||
Opportunity shall each designate at least one employee from his | ||
or her respective agency to assist the Council.
| ||
(Source: P.A. 97-178, eff. 7-22-11.) |
Section 75. The Task Force on Inventorying Employment | ||
Restrictions Act is amended by changing Section 10 as follows: | ||
(20 ILCS 5000/10) | ||
Sec. 10. Definitions. As used in this Act: | ||
"State agencies" shall mean the following State agencies, | ||
boards, and commissions: Department on Aging, Department of | ||
Agriculture, Office of Appellate Defender, Office of the | ||
State's Attorneys Appellate Prosecutor, Illinois Arts Council, | ||
Office of the Attorney General, Auditor General, Capital | ||
Development Board, Department of Central Management Services, | ||
Department of Children and Family Services, Civil Service | ||
Commission, Illinois Department of Commerce and Economic | ||
Opportunity, Illinois Commerce Commission, Illinois Community | ||
College Board, State of Illinois Comprehensive Health | ||
Insurance Plan, Office of the Comptroller, Department of | ||
Corrections, Criminal Justice Information Authority, Illinois | ||
Council on Developmental Disabilities, Illinois Deaf and Hard | ||
of Hearing Commission, Commission on Discrimination and Hate | ||
Crimes, State Board of Education, Illinois Educational Labor | ||
Relations Board, State Board of Elections, Illinois Emergency | ||
Management Agency, Department of Employment Security, | ||
Environmental Protection Agency, Illinois State Fair, Illinois | ||
Finance Authority, Department of Financial and Professional | ||
Regulation, Office of the First Lady, Illinois Gaming Board, |
Office of the Governor, Guardianship and Advocacy Commission, | ||
Department of Healthcare and Family Services, Board of Higher | ||
Education, Historic Preservation Agency, Illinois Housing | ||
Development Authority, Illinois Human Rights Commission, | ||
Department of Human Rights, Department of Human Services, | ||
Illinois State Board of Investment, Department of Juvenile | ||
Justice, Office of the Lieutenant Governor, Department of | ||
Labor, Illinois Labor Relations Board, Illinois Law | ||
Enforcement Training Standards Board, Illinois Liquor Control | ||
Commission, Illinois Lottery, Governor's Office of Management | ||
and Budget, Illinois Medical District Commission, Department | ||
of Military Affairs, Department of Natural Resources, | ||
Pollution Control Board, Prairie State 2000 Authority, | ||
Property Tax Appeal Board, Department of Public Health, | ||
Illinois Prisoner Review Board, Illinois Racing Board, | ||
Department of Revenue, Office of the Secretary of State, State | ||
Fire Marshal, Illinois State Police, State Police Merit Board, | ||
State Retirement Systems, Office of the State Treasurer, State | ||
Universities Civil Service System, State Universities | ||
Retirement System, Illinois Student Assistance Commission, | ||
Illinois Supreme Court, Illinois Teachers' Retirement System, | ||
Illinois State Toll Highway Authority, Department of | ||
Transportation, Department of Veterans' Affairs, Governor's | ||
Office of Women's Affairs, and Illinois Workers' Compensation | ||
Commission.
| ||
(Source: P.A. 100-143, eff. 1-1-18 .) |
Section 80. The Heritage Preservation Act is amended by | ||
changing Section 3 as follows:
| ||
(30 ILCS 145/3) (from Ch. 127, par. 2653)
| ||
Sec. 3.
(a) There is created the Heritage Preservation | ||
Fund,
a special fund in the State Treasury.
| ||
(b) The Department of Natural Resources Historic | ||
Preservation Agency shall deposit any donations
received for | ||
heritage preservation purposes in the Heritage Preservation | ||
Fund.
| ||
(c) The General Assembly may appropriate monies from the
| ||
Heritage Preservation Fund to the Department of Natural | ||
Resources Historic Preservation Agency
for the purposes of | ||
identifying, purchasing, restoring,
preserving, protecting, | ||
collecting and interpreting the
cultural and historical | ||
resources and heritage of the State
and its people.
| ||
(Source: P.A. 86-678.)
| ||
Section 85. The Public Use Trust Act is amended by changing | ||
Section 2 as follows:
| ||
(30 ILCS 160/2) (from Ch. 127, par. 4002)
| ||
Sec. 2.
(a) The Department of Agriculture and , the | ||
Department of Natural
Resources , and the Historic Preservation | ||
Agency have the
power to enter into a trust agreement with a |
person or group of persons under
which the State agency may | ||
receive or collect money or other property from the
person or | ||
group of persons and may expend such money or property solely | ||
for a
public purpose within the powers and duties of that State | ||
agency and stated in
the trust agreement. The State agency | ||
shall be the trustee under any such
trust agreement.
| ||
(b) Money or property received under a trust agreement | ||
shall not be
deposited in the State treasury and is not subject | ||
to appropriation by the
General Assembly, but shall be held and | ||
invested by the trustee separate
and apart from the State | ||
treasury. The trustee shall invest money or
property received | ||
under a trust agreement as provided for trustees under
the | ||
Trusts and Trustees Act or as otherwise provided in the trust | ||
agreement.
| ||
(c) The trustee shall maintain detailed records of all | ||
receipts and
disbursements in the same manner as required for | ||
trustees under the Trusts
and Trustees Act. The trustee shall | ||
provide an annual accounting of all
receipts, disbursements, | ||
and inventory to all donors to the trust and the
Auditor | ||
General. The annual accounting shall be made available to any
| ||
member of the public upon request.
| ||
(Source: P.A. 89-445, eff. 2-7-96.)
| ||
Section 90. The Build Illinois Act is amended by changing | ||
Section 1-3 as follows:
|
(30 ILCS 750/1-3) (from Ch. 127, par. 2701-3)
| ||
Sec. 1-3.
The following agencies, boards and entities of | ||
State government
may expend appropriations for the purposes | ||
contained in this Act: Department
of Natural Resources; | ||
Department of Agriculture; Illinois Finance
Authority; Capital | ||
Development Board; Department of Transportation; Department
of | ||
Central Management Services; Illinois Arts Council; | ||
Environmental Protection
Agency; Historic Preservation Agency; | ||
State Board of Higher Education; the
Metropolitan Pier and
| ||
Exposition Authority; State Board of Education; Illinois | ||
Community College
Board; Board of Trustees of the University of | ||
Illinois; Board of
Trustees of Chicago State University; Board | ||
of Trustees of Eastern Illinois
University; Board of Trustees | ||
of Governors State University; Board of Trustees
of Illinois | ||
State University; Board of Trustees of Northeastern Illinois
| ||
University; Board of Trustees of Northern Illinois University; | ||
Board of
Trustees of Western Illinois University; and Board of | ||
Trustees of Southern
Illinois University.
| ||
(Source: P.A. 93-205, eff. 1-1-04.)
| ||
Section 95. The Illinois Income Tax Act is amended by | ||
changing Section 221 as follows: | ||
(35 ILCS 5/221) | ||
Sec. 221. Rehabilitation costs; qualified historic | ||
properties; River Edge Redevelopment Zone. |
(a) For taxable years beginning on or after January 1, 2012 | ||
and ending prior to January 1, 2022, there shall be allowed a | ||
tax credit against the tax imposed by subsections (a) and (b) | ||
of Section 201 in an amount equal to 25% of qualified | ||
expenditures incurred by a qualified taxpayer during the | ||
taxable year in the restoration and preservation of a qualified | ||
historic structure located in a River Edge Redevelopment Zone | ||
pursuant to a qualified rehabilitation plan, provided that the | ||
total amount of such expenditures (i) must equal $5,000 or more | ||
and (ii) must exceed 50% of the purchase price of the property. | ||
(b) To obtain a tax credit pursuant to this Section, the | ||
taxpayer must apply with the Department of Commerce and | ||
Economic Opportunity. The Department of Commerce and Economic | ||
Opportunity, in consultation with the Department of Natural | ||
Resources Historic Preservation Agency , shall determine the | ||
amount of eligible rehabilitation costs and expenses. The | ||
Department of Natural Resources Historic Preservation Agency | ||
shall determine whether the rehabilitation is consistent with | ||
the standards of the Secretary of the United States Department | ||
of the Interior for rehabilitation. Upon completion and review | ||
of the project, the Department of Commerce and Economic | ||
Opportunity shall issue a certificate in the amount of the | ||
eligible credits. At the time the certificate is issued, an | ||
issuance fee up to the maximum amount of 2% of the amount of | ||
the credits issued by the certificate may be collected from the | ||
applicant to administer the provisions of this Section. If |
collected, this issuance fee shall be deposited into the | ||
Historic Property Administrative Fund, a special fund created | ||
in the State treasury. Subject to appropriation, moneys in the | ||
Historic Property Administrative Fund shall be evenly divided | ||
between the Department of Commerce and Economic Opportunity and | ||
the Department of Natural Resources Historic Preservation | ||
Agency to reimburse the Department of Commerce and Economic | ||
Opportunity and the Department of Natural Resources Historic | ||
Preservation Agency for the costs associated with | ||
administering this Section. The taxpayer must attach the | ||
certificate to the tax return on which the credits are to be | ||
claimed. The Department of Commerce and Economic Opportunity | ||
may adopt rules to implement this Section. | ||
(c) The tax credit under this Section may not reduce the | ||
taxpayer's liability to less than
zero. | ||
(d) As used in this Section, the following terms have the | ||
following meanings. | ||
"Qualified expenditure" means all the costs and expenses | ||
defined as qualified rehabilitation expenditures under Section | ||
47 of the federal Internal Revenue Code that were incurred in | ||
connection with a qualified historic structure. | ||
"Qualified historic structure" means a certified historic | ||
structure as defined under Section 47(c)(3) of the federal | ||
Internal Revenue Code. | ||
"Qualified rehabilitation plan" means a project that is | ||
approved by the Department of Natural Resources Historic |
Preservation Agency as being consistent with the standards in | ||
effect on the effective date of this amendatory Act of the 97th | ||
General Assembly for rehabilitation as adopted by the federal | ||
Secretary of the Interior. | ||
"Qualified taxpayer" means the owner of the qualified | ||
historic structure or any other person who qualifies for the | ||
federal rehabilitation credit allowed by Section 47 of the | ||
federal Internal Revenue Code with respect to that qualified | ||
historic structure. Partners, shareholders of subchapter S | ||
corporations, and owners of limited liability companies (if the | ||
limited liability company is treated as a partnership for | ||
purposes of federal and State income taxation) are entitled to | ||
a credit under this Section to be determined in accordance with | ||
the determination of income and distributive share of income | ||
under Sections 702 and 703 and subchapter S of the Internal | ||
Revenue Code, provided that credits granted to a partnership, a | ||
limited liability company taxed as a partnership, or other | ||
multiple owners of property shall be passed through to the | ||
partners, members, or owners respectively on a pro rata basis | ||
or pursuant to an executed agreement among the partners, | ||
members, or owners documenting any alternate distribution | ||
method.
| ||
(Source: P.A. 99-914, eff. 12-20-16; 100-236, eff. 8-18-17.) | ||
Section 100. The Historic Preservation Tax Credit Pilot | ||
Program Act is amended by changing Sections 5, 15, and 30 as |
follows: | ||
(35 ILCS 30/5)
| ||
Sec. 5. Definitions. As used in this Section, unless the
| ||
context clearly indicates otherwise: | ||
(a) (Blank). "Agency" means the Historic Preservation | ||
Agency. | ||
(b) "Department" means the Department of Commerce and | ||
Economic Opportunity. | ||
(c) "Qualified expenditures" means all the costs and
| ||
expenses defined as qualified rehabilitation expenditures | ||
under Section 47 of the federal Internal Revenue Code which | ||
were incurred in connection with a qualified historic | ||
structure. | ||
(d) "Qualified historic structure" means a hotel that is | ||
located in the City of Peoria and that is defined as a | ||
certified historic structure under Section 47 (c)(3) of the | ||
federal Internal Revenue Code. | ||
(e) "Qualified rehabilitation plan" means a project that is
| ||
approved by the Department of Natural Resources Agency as being | ||
consistent with the standards in effect on the effective date | ||
of this Act for rehabilitation as adopted by the federal | ||
Secretary of the Interior. | ||
(f) "Qualified taxpayer" means the owner of the qualified
| ||
historic structure or any other person who may qualify for the
| ||
federal rehabilitation credit allowed by Section 47 of the
|
federal Internal Revenue Code. If the taxpayer is (i) a
| ||
corporation having an election in effect under Subchapter S of
| ||
the federal Internal Revenue Code, (ii) a partnership, or (iii)
| ||
a limited liability company, the credit provided under this Act | ||
may be claimed by the shareholders of the
corporation, the | ||
partners of the partnership, or the members of
the limited | ||
liability company in the same manner as those
shareholders, | ||
partners, or members account for their
proportionate shares of | ||
the income or losses of the
corporation, partnership, or | ||
limited liability company, or as
provided in the by-laws or | ||
other executed agreement of the
corporation, partnership, or | ||
limited liability company.
Credits granted to a partnership, a | ||
limited liability company
taxed as a partnership, or other | ||
multiple owners of property
shall be passed through to the | ||
partners, members, or owners
respectively on a pro rata basis | ||
or pursuant to an executed
agreement among the partners, | ||
members, or owners documenting
any alternate distribution | ||
method.
| ||
(Source: P.A. 96-933, eff. 6-21-10.) | ||
(35 ILCS 30/15)
| ||
Sec. 15. Allowable credit. To the extent authorized by | ||
Section 25 of this Act, for taxable years beginning on or after | ||
January 1, 2010 and ending on or before December 31, 2015, | ||
there shall be allowed a
tax credit against the tax imposed by | ||
subsections (a) and (b)
of Section 201 of the Illinois Income |
Tax Act in an amount
equal to 25% of qualified expenditures | ||
incurred by a qualified
taxpayer during the taxable year in the | ||
restoration and preservation of a qualified
historic structure | ||
pursuant to a qualified rehabilitation plan, provided that the | ||
total amount of such expenditures (i) must equal $5,000 or | ||
more, and (ii) must exceed 50% of the purchase price of the | ||
property. If the amount of any tax credit awarded under this | ||
Act exceeds the qualified taxpayer's income tax liability for | ||
the year in which the qualified rehabilitation plan was placed | ||
in service, the excess amount may be carried forward for | ||
deduction from the taxpayer's income tax liability in the next | ||
succeeding year or years until the total amount of the credit | ||
has been used, except that a credit may not be carried forward | ||
for deduction after the tenth taxable year after the taxable | ||
year in which the qualified rehabilitation plan was placed in | ||
service. To obtain a tax credit pursuant to this Act, an | ||
application must be made to the Department no later than 6 | ||
months after the effective date of this Act. The Department, in | ||
consultation with the Department of Natural Resources Agency , | ||
shall determine the amount of eligible rehabilitation costs and | ||
expenses. The Department of Natural Resources Agency shall | ||
determine whether the rehabilitation is consistent with the | ||
standards of the Secretary of the United States Department of | ||
the Interior for rehabilitation. Upon completion and review of | ||
the project, the Department shall issue a certificate in the | ||
amount of the eligible credits. At the time the certificate is |
issued, an issuance fee up to the maximum amount of 2% of the | ||
amount of the credits issued by the certificate may be | ||
collected from the applicant to administer the Act. If | ||
collected, this issuance fee shall be evenly divided between | ||
the Department and the Department of Natural Resources Agency . | ||
The taxpayer must attach the certificate to the tax return on | ||
which the credits are to be claimed.
| ||
(Source: P.A. 96-933, eff. 6-21-10.) | ||
(35 ILCS 30/30)
| ||
Sec. 30. Powers. The Department and the Department of | ||
Natural Resources Agency shall promulgate rules and | ||
regulations for the administration of this Act.
| ||
(Source: P.A. 96-933, eff. 6-21-10.) | ||
Section 105. The Counties Code is amended by changing | ||
Sections 5-31012 and 5-31017 as follows:
| ||
(55 ILCS 5/5-31012) (from Ch. 34, par. 5-31012)
| ||
Sec. 5-31012. Powers of district. To the extent necessary | ||
to
carry out the purpose of this Division and in addition to | ||
any
other powers, duties and functions vested in museum | ||
districts by law, but
subject to limitations and restrictions | ||
imposed elsewhere by this
Division or other law, a museum | ||
district is authorized and empowered:
| ||
(a) To adopt bylaws, adopt and use a common seal, enter |
into contracts,
acquire and hold real and personal property and | ||
take such other actions as
may be necessary for the proper | ||
conduct of its affairs.
| ||
(b) To make and publish all ordinances, rules and | ||
regulations necessary
for the management and protection of its | ||
property and the conduct of its
affairs.
| ||
(c) To study and ascertain the museum district artifacts | ||
and
other materials, the need for preserving such resources and | ||
providing such
facilities and the extent to which such needs | ||
are currently being met, and
to prepare and adopt coordinated | ||
plans to meet such needs.
| ||
(d) To acquire by gift, devise, purchase, lease, agreement | ||
or otherwise
the fee or any lessor right or interest in real | ||
and personal property, and
to hold the same with public access | ||
for those who wish to examine or study it.
The museum district | ||
may accept the transfer of any real or personal
property owned | ||
or controlled by the State of Illinois,
the county board, or | ||
the governing body of any municipality, district or
public | ||
corporation and not devoted or dedicated to any other
| ||
inconsistent public use. In acquiring or accepting land or | ||
rights thereto,
the museum district shall give due | ||
consideration to its historical value or
county significance, | ||
and no real property shall be acquired or accepted
which in the | ||
opinion of the museum district and the Illinois State Museum
is | ||
of low value as to its proposed use.
| ||
(e) To acquire any or all interest in real or personal |
property by a
contract for purchase providing for payment in | ||
installments
over a period not to exceed 10 years with interest | ||
on the unpaid
balance owing not to exceed an amount calculated | ||
pursuant to the provisions
of "An Act to authorize public | ||
corporations to issue bonds, other evidences
of indebtedness | ||
and tax anticipation warrants subject to interest rate
| ||
limitations set forth therein", approved May 26, 1970, as | ||
amended. The
indebtedness incurred under this subsection when | ||
aggregated with existing
indebtedness may not exceed the debt | ||
limits provided in Section 5-31016.
| ||
(f) To classify, designate, plan, develop, preserve, | ||
administer and
maintain all areas and facilities in which it | ||
has an interest and to
construct, reconstruct, alter, renew, | ||
equip and maintain buildings and
other structures. Any work | ||
performed on any building, appurtenance,
structure or area | ||
listed on the National Register of Historic Places or
deemed | ||
eligible for such listing shall be performed within such | ||
guidelines
as are established by the Department of Natural | ||
Resources Illinois Historic Preservation Agency .
| ||
(g) To accept gifts, grants, bequests, contributions and | ||
appropriations
of money and personal property for museum | ||
district purposes.
| ||
(h) To employ and fix the compensation of an executive | ||
officer who shall
be responsible to the board for the | ||
implementation of its policies. The
executive officer shall | ||
have the power, subject to the approval of the
board, to employ |
and fix the compensation of such assistants and employees
as | ||
the board may consider necessary for the implementation of this | ||
Division.
| ||
(i) To charge and collect reasonable fees for the use of | ||
such facilities,
privileges and conveniences as may be | ||
provided.
| ||
(j) To police its property and to exercise police powers in | ||
respect thereto
or in respect to the enforcement of any rule or | ||
regulation provided by its
ordinances.
| ||
(k) To lease land for a period not longer than 50 years to | ||
a responsible
person, firm, or corporation for construction, | ||
reconstruction, alteration,
development, operation and | ||
maintenance of buildings, roads, and parking areas.
Any work | ||
performed on any leased building, structure, appurtenances or
| ||
area which is listed on the National Register of Historic | ||
Places or deemed
eligible for such listing shall be performed | ||
within such guidelines as are
established by the Department of | ||
Natural Resources Illinois Historic Preservation Agency . Upon | ||
expiration
of any lease of land under this subsection, title to | ||
all structures on the
leased land shall be vested in the museum | ||
district.
| ||
(l) To lease any building or facility constructed, | ||
reconstructed, altered,
renewed, equipped, furnished, | ||
extended, developed, and maintained by the
museum district to a | ||
responsible person, firm or corporation for operation
or | ||
development or both, and maintenance for a period not longer |
than 20 years.
Development, maintenance or both of any | ||
building, structures,
appurtenances or area which is listed on | ||
the National Register of Historic
Places or deemed eligible for | ||
such listing shall be performed within such
guidelines as are | ||
established by the Department of Natural Resources Illinois | ||
Historic
Preservation Agency .
| ||
(m) To make grants to not-for-profit historical clubs, | ||
organizations
or groups within the county.
| ||
(Source: P.A. 86-962.)
| ||
(55 ILCS 5/5-31017) (from Ch. 34, par. 5-31017)
| ||
Sec. 5-31017. Historical buildings. Nothing in this | ||
Division shall
prohibit the museum district from appropriating | ||
funds as otherwise provided
in this Division for the | ||
construction, equipment, extension, improvement,
operation or | ||
maintenance of any historical building, monument or marker.
| ||
Provided, however, that any work performed on any historical | ||
building,
monument or marker listed on the National Register of | ||
Historic Places or
deemed eligible for such listing shall be | ||
conducted within such guidelines
as are established by the | ||
Department of Natural Resources Illinois Historic Preservation | ||
Agency .
| ||
(Source: P.A. 86-962.)
| ||
Section 110. The Historical Document Preservation Act is | ||
amended by changing Section 2 as follows:
|
(55 ILCS 120/2) (from Ch. 128, par. 19)
| ||
Sec. 2.
The officer having the custody of such papers, | ||
drawings, maps,
writings and records shall permit search to be | ||
made at all reasonable hours
and under his supervision for such | ||
as may be deemed of historic interest.
Whenever so directed by | ||
the county board in the manner prescribed in the
foregoing | ||
section such officer shall deliver the same to the trustee,
| ||
directors or librarian or other officer of the Department of | ||
Natural Resources Historic
Preservation Agency or society
| ||
designated by such county board.
| ||
(Source: P.A. 92-600, eff. 7-1-02.)
| ||
Section 115. The Liquor Control Act of 1934 is amended by | ||
changing Section 6-15 as follows:
| ||
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
| ||
Sec. 6-15. No alcoholic liquors shall be sold or delivered | ||
in any
building belonging to or under the control of the State | ||
or any political
subdivision thereof except as provided in this | ||
Act. The corporate
authorities of any city, village, | ||
incorporated town, township, or county may provide by
| ||
ordinance, however, that alcoholic liquor may be sold or | ||
delivered in any
specifically designated building belonging to | ||
or under the control of the
municipality, township, or county, | ||
or in any building located on land under the
control of the |
municipality, township, or county; provided that such township | ||
or county complies with all
applicable local ordinances in any | ||
incorporated area of the township or county.
Alcoholic liquor | ||
may be delivered to and sold under the authority of a special | ||
use permit on any property owned by a conservation district | ||
organized under the Conservation District Act, provided that | ||
(i) the alcoholic liquor is sold only at an event authorized by | ||
the governing board of the conservation district, (ii) the | ||
issuance of the special use permit is authorized by the local | ||
liquor control commissioner of the territory in which the | ||
property is located, and (iii) the special use permit | ||
authorizes the sale of alcoholic liquor for one day or less. | ||
Alcoholic liquors may be delivered to and sold at any airport | ||
belonging to
or under the control of a municipality of more | ||
than 25,000 inhabitants, or
in any building or on any golf | ||
course owned by a park district organized under
the Park | ||
District
Code, subject to the approval of the governing board | ||
of the district, or
in any building or on any golf course owned | ||
by a forest preserve district
organized under the Downstate | ||
Forest Preserve District Act, subject to the
approval of the | ||
governing board of the district, or on the grounds
within 500 | ||
feet of any building owned by a forest preserve district
| ||
organized under the Downstate Forest Preserve District Act | ||
during
times when food is dispensed for consumption within
500 | ||
feet of the building from which the food is dispensed,
subject | ||
to the
approval of the
governing board of the district, or in a |
building owned by a Local Mass
Transit District organized under | ||
the Local Mass Transit District Act, subject
to the approval of | ||
the governing Board of the District, or in Bicentennial
Park, | ||
or
on the premises of the City of Mendota Lake Park
located | ||
adjacent to Route 51 in Mendota, Illinois, or on the premises | ||
of
Camden Park in Milan, Illinois, or in the community center | ||
owned by the
City of Loves Park that is located at 1000 River | ||
Park Drive in Loves Park,
Illinois, or, in connection with the | ||
operation of an established food
serving facility during times | ||
when food is dispensed for consumption on the
premises, and at | ||
the following aquarium and museums located in public
parks: Art | ||
Institute of Chicago, Chicago Academy of Sciences, Chicago
| ||
Historical Society, Field Museum of Natural History, Museum of | ||
Science and
Industry, DuSable Museum of African American | ||
History, John G. Shedd
Aquarium and Adler Planetarium, or at | ||
Lakeview Museum of Arts and Sciences
in Peoria, or in | ||
connection with the operation of the facilities of the
Chicago | ||
Zoological Society or the Chicago Horticultural Society on land
| ||
owned by the Forest Preserve District of Cook County,
or on any | ||
land used for a golf course or for recreational purposes
owned | ||
by the Forest Preserve District of Cook County, subject to the | ||
control
of the Forest Preserve District Board of Commissioners | ||
and applicable local
law, provided that dram shop liability | ||
insurance is provided at
maximum coverage limits so as to hold | ||
the
District harmless from all financial loss, damage, and | ||
harm,
or in any building
located on land owned by the Chicago |
Park District if approved by the Park
District Commissioners, | ||
or on any land used for a golf course or for
recreational | ||
purposes and owned by the Illinois International Port District | ||
if
approved by the District's governing board, or at any | ||
airport, golf course,
faculty center, or
facility in which | ||
conference and convention type activities take place
belonging | ||
to or under control of any State university or public community
| ||
college district, provided that with respect to a facility for | ||
conference
and convention type activities alcoholic liquors | ||
shall be limited to the
use of the convention or conference | ||
participants or participants
in cultural, political or | ||
educational activities held in such facilities,
and provided | ||
further that the faculty or staff of the State university or
a | ||
public community college district, or members of an | ||
organization of
students, alumni, faculty or staff of the State | ||
university or a public
community college district are active | ||
participants in the conference
or convention, or in Memorial | ||
Stadium on the campus of the University of
Illinois at | ||
Urbana-Champaign during games in which the
Chicago Bears | ||
professional football team is playing in that stadium during | ||
the
renovation of Soldier Field, not more than one and a half | ||
hours before the
start of the game and not after the end of the | ||
third quarter of the game,
or in the Pavilion Facility on the | ||
campus of the University of Illinois at Chicago during games in | ||
which the Chicago Storm professional soccer team is playing in | ||
that facility, not more than one and a half hours before the |
start of the game and not after the end of the third quarter of | ||
the game, or in the Pavilion Facility on the campus of the | ||
University of Illinois at Chicago during games in which the | ||
WNBA professional women's basketball team is playing in that | ||
facility, not more than one and a half hours before the start | ||
of the game and not after the 10-minute mark of the second half | ||
of the game, or by a catering establishment which has rented | ||
facilities
from a board of trustees of a public community | ||
college district, or in a restaurant that is operated by a | ||
commercial tenant in the North Campus Parking Deck building | ||
that (1) is located at 1201 West University Avenue, Urbana, | ||
Illinois and (2) is owned by the Board of Trustees of the | ||
University of Illinois, or, if
approved by the District board, | ||
on land owned by the Metropolitan Sanitary
District of Greater | ||
Chicago and leased to others for a term of at least
20 years. | ||
Nothing in this Section precludes the sale or delivery of
| ||
alcoholic liquor in the form of original packaged goods in | ||
premises located
at 500 S. Racine in Chicago belonging to the | ||
University of Illinois and
used primarily as a grocery store by | ||
a commercial tenant during the term of
a lease that predates | ||
the University's acquisition of the premises; but the
| ||
University shall have no power or authority to renew, transfer, | ||
or extend
the lease with terms allowing the sale of alcoholic | ||
liquor; and the sale of
alcoholic liquor shall be subject to | ||
all local laws and regulations.
After the acquisition by | ||
Winnebago County of the property located at 404
Elm Street in |
Rockford, a commercial tenant who sold alcoholic liquor at
| ||
retail on a portion of the property under a valid license at | ||
the time of
the acquisition may continue to do so for so long | ||
as the tenant and the
County may agree under existing or future | ||
leases, subject to all local laws
and regulations regarding the | ||
sale of alcoholic liquor. Alcoholic liquors may be delivered to | ||
and sold at Memorial Hall, located at 211 North Main Street, | ||
Rockford, under conditions approved by Winnebago County and | ||
subject to all local laws and regulations regarding the sale of | ||
alcoholic liquor. Each
facility shall provide dram shop | ||
liability in maximum insurance coverage
limits so as to save | ||
harmless the State, municipality, State university,
airport, | ||
golf course, faculty center, facility in which conference and
| ||
convention type activities take place, park district, Forest | ||
Preserve
District, public community college district, | ||
aquarium, museum, or sanitary
district from all financial loss, | ||
damage or harm. Alcoholic liquors may be
sold at retail in | ||
buildings of golf courses owned by municipalities or Illinois | ||
State University in
connection with the operation of an | ||
established food serving facility
during times when food is | ||
dispensed for consumption upon the premises.
Alcoholic liquors | ||
may be delivered to and sold at retail in any building
owned by | ||
a fire protection district organized under the Fire Protection
| ||
District Act, provided that such delivery and sale is approved | ||
by the board
of trustees of the district, and provided further | ||
that such delivery and
sale is limited to fundraising events |
and to a maximum of 6 events per year. However, the limitation | ||
to fundraising events and to a maximum of 6 events per year | ||
does not apply to the delivery, sale, or manufacture of | ||
alcoholic liquors at the building located at 59 Main Street in | ||
Oswego, Illinois, owned by the Oswego Fire Protection District | ||
if the alcoholic liquor is sold or dispensed as approved by the | ||
Oswego Fire Protection District and the property is no longer | ||
being utilized for fire protection purposes.
| ||
Alcoholic liquors may be served or sold in buildings under | ||
the control of the Board of Trustees of the University of | ||
Illinois for events that the Board may determine are public | ||
events and not related student activities. The Board of | ||
Trustees shall issue a written policy within 6 months of August | ||
15, 2008 (the effective date of Public Act 95-847) concerning | ||
the types of events that would be eligible for an exemption. | ||
Thereafter, the Board of Trustees may issue revised, updated, | ||
new, or amended policies as it deems necessary and appropriate. | ||
In preparing its written policy, the Board of Trustees shall, | ||
among other factors it considers relevant and important, give | ||
consideration to the following: (i) whether the event is a | ||
student activity or student related activity; (ii) whether the | ||
physical setting of the event is conducive to control of liquor | ||
sales and distribution; (iii) the ability of the event operator | ||
to ensure that the sale or serving of alcoholic liquors and the | ||
demeanor of the participants are in accordance with State law | ||
and University policies; (iv) regarding the anticipated |
attendees at the event, the relative proportion of individuals | ||
under the age of 21 to individuals age 21 or older; (v) the | ||
ability of the venue operator to prevent the sale or | ||
distribution of alcoholic liquors to individuals under the age | ||
of 21; (vi) whether the event prohibits participants from | ||
removing alcoholic beverages from the venue; and (vii) whether | ||
the event prohibits participants from providing their own | ||
alcoholic liquors to the venue. In addition, any policy | ||
submitted by the Board of Trustees to the Illinois Liquor | ||
Control Commission must require that any event at which | ||
alcoholic liquors are served or sold in buildings under the | ||
control of the Board of Trustees shall require the prior | ||
written approval of the Office of the Chancellor for the | ||
University campus where the event is located. The Board of | ||
Trustees shall submit its policy, and any subsequently revised, | ||
updated, new, or amended policies, to the Illinois Liquor | ||
Control Commission, and any University event, or location for | ||
an event, exempted under such policies shall apply for a | ||
license under the applicable Sections of this Act. | ||
Alcoholic liquors may be served or sold in buildings under
| ||
the control of the Board of Trustees of Northern Illinois | ||
University
for events that the Board may determine are public
| ||
events and not student-related activities. The Board of
| ||
Trustees shall issue a written policy within 6 months after | ||
June 28, 2011 (the
effective date of Public Act 97-45) | ||
concerning the types of events that would be eligible
for an |
exemption. Thereafter, the Board of Trustees may issue
revised, | ||
updated, new, or amended policies as it deems
necessary and | ||
appropriate. In preparing its written policy, the
Board of | ||
Trustees shall, in addition to other factors it considers
| ||
relevant and important, give consideration to the following:
| ||
(i) whether the event is a student activity or student-related
| ||
activity; (ii) whether the physical setting of the event is
| ||
conducive to control of liquor sales and distribution; (iii)
| ||
the ability of the event operator to ensure that the sale or
| ||
serving of alcoholic liquors and the demeanor of the
| ||
participants are in accordance with State law and University
| ||
policies; (iv) the anticipated attendees at the
event and the | ||
relative proportion of individuals under the age of
21 to | ||
individuals age 21 or older; (v) the ability of the venue
| ||
operator to prevent the sale or distribution of alcoholic
| ||
liquors to individuals under the age of 21; (vi) whether the
| ||
event prohibits participants from removing alcoholic beverages
| ||
from the venue; and (vii) whether the event prohibits
| ||
participants from providing their own alcoholic liquors to the
| ||
venue. | ||
Alcoholic liquors may be served or sold in buildings under | ||
the control of the Board of Trustees of Chicago State | ||
University for events that the Board may determine are public | ||
events and not student-related activities. The Board of | ||
Trustees shall issue a written policy within 6 months after | ||
August 2, 2013 (the effective date of Public Act 98-132) |
concerning the types of events that would be eligible for an | ||
exemption. Thereafter, the Board of Trustees may issue revised, | ||
updated, new, or amended policies as it deems necessary and | ||
appropriate. In preparing its written policy, the Board of | ||
Trustees shall, in addition to other factors it considers | ||
relevant and important, give consideration to the following: | ||
(i) whether the event is a student activity or student-related | ||
activity; (ii) whether the physical setting of the event is | ||
conducive to control of liquor sales and distribution; (iii) | ||
the ability of the event operator to ensure that the sale or | ||
serving of alcoholic liquors and the demeanor of the | ||
participants are in accordance with State law and University | ||
policies; (iv) the anticipated attendees at the event and the | ||
relative proportion of individuals under the age of 21 to | ||
individuals age 21 or older; (v) the ability of the venue | ||
operator to prevent the sale or distribution of alcoholic | ||
liquors to individuals under the age of 21; (vi) whether the | ||
event prohibits participants from removing alcoholic beverages | ||
from the venue; and (vii) whether the event prohibits | ||
participants from providing their own alcoholic liquors to the | ||
venue. | ||
Alcoholic liquors may be served or sold in buildings under
| ||
the control of the Board of Trustees of Illinois State | ||
University
for events that the Board may determine are public
| ||
events and not student-related activities. The Board of
| ||
Trustees shall issue a written policy within 6 months after |
March 1, 2013 (the effective date of Public Act 97-1166) | ||
concerning the types of events that would be eligible
for an | ||
exemption. Thereafter, the Board of Trustees may issue
revised, | ||
updated, new, or amended policies as it deems
necessary and | ||
appropriate. In preparing its written policy, the
Board of | ||
Trustees shall, in addition to other factors it considers
| ||
relevant and important, give consideration to the following:
| ||
(i) whether the event is a student activity or student-related
| ||
activity; (ii) whether the physical setting of the event is
| ||
conducive to control of liquor sales and distribution; (iii)
| ||
the ability of the event operator to ensure that the sale or
| ||
serving of alcoholic liquors and the demeanor of the
| ||
participants are in accordance with State law and University
| ||
policies; (iv) the anticipated attendees at the
event and the | ||
relative proportion of individuals under the age of
21 to | ||
individuals age 21 or older; (v) the ability of the venue
| ||
operator to prevent the sale or distribution of alcoholic
| ||
liquors to individuals under the age of 21; (vi) whether the
| ||
event prohibits participants from removing alcoholic beverages
| ||
from the venue; and (vii) whether the event prohibits
| ||
participants from providing their own alcoholic liquors to the
| ||
venue. | ||
Alcoholic liquors may be served or sold in buildings under | ||
the control of the Board of Trustees of Southern Illinois | ||
University for events that the Board may determine are public | ||
events and not student-related activities. The Board of |
Trustees shall issue a written policy within 6 months after | ||
August 12, 2016 (the effective date of Public Act 99-795) | ||
concerning the types of events that would be eligible for an | ||
exemption. Thereafter, the Board of Trustees may issue revised, | ||
updated, new, or amended policies as it deems necessary and | ||
appropriate. In preparing its written policy, the Board of | ||
Trustees shall, in addition to other factors it considers | ||
relevant and important, give consideration to the following: | ||
(i) whether the event is a student activity or student-related | ||
activity; (ii) whether the physical setting of the event is | ||
conducive to control of liquor sales and distribution; (iii) | ||
the ability of the event operator to ensure that the sale or | ||
serving of alcoholic liquors and the demeanor of the | ||
participants are in accordance with State law and University | ||
policies; (iv) the anticipated attendees at the event and the | ||
relative proportion of individuals under the age of 21 to | ||
individuals age 21 or older; (v) the ability of the venue | ||
operator to prevent the sale or distribution of alcoholic | ||
liquors to individuals under the age of 21; (vi) whether the | ||
event prohibits participants from removing alcoholic beverages | ||
from the venue; and (vii) whether the event prohibits | ||
participants from providing their own alcoholic liquors to the | ||
venue. | ||
Alcoholic liquors may be served or sold in buildings under | ||
the control of the Board of Trustees of a public university for | ||
events that the Board of Trustees of that public university may |
determine are public events and not student-related | ||
activities. If the Board of Trustees of a public university has | ||
not issued a written policy pursuant to an exemption under this | ||
Section on or before July 15, 2016 (the effective date of | ||
Public Act 99-550), then that Board of Trustees shall issue a | ||
written policy within 6 months after July 15, 2016 (the | ||
effective date of Public Act 99-550) concerning the types of | ||
events that would be eligible for an exemption. Thereafter, the | ||
Board of Trustees may issue revised, updated, new, or amended | ||
policies as it deems necessary and appropriate. In preparing | ||
its written policy, the Board of Trustees shall, in addition to | ||
other factors it considers relevant and important, give | ||
consideration to the following: (i) whether the event is a | ||
student activity or student-related activity; (ii) whether the | ||
physical setting of the event is conducive to control of liquor | ||
sales and distribution; (iii) the ability of the event operator | ||
to ensure that the sale or serving of alcoholic liquors and the | ||
demeanor of the participants are in accordance with State law | ||
and University policies; (iv) the anticipated attendees at the | ||
event and the relative proportion of individuals under the age | ||
of 21 to individuals age 21 or older; (v) the ability of the | ||
venue operator to prevent the sale or distribution of alcoholic | ||
liquors to individuals under the age of 21; (vi) whether the | ||
event prohibits participants from removing alcoholic beverages | ||
from the venue; and (vii) whether the event prohibits | ||
participants from providing their own alcoholic liquors to the |
venue. As used in this paragraph, "public university" means the | ||
University of Illinois, Illinois State University, Chicago | ||
State University, Governors State University, Southern | ||
Illinois University, Northern Illinois University, Eastern | ||
Illinois University, Western Illinois University, and | ||
Northeastern Illinois University. | ||
Alcoholic liquors may be served or sold in buildings under | ||
the control of the Board of Trustees of a community college | ||
district for events that the Board of Trustees of that | ||
community college district may determine are public events and | ||
not student-related activities. The Board of Trustees shall | ||
issue a written policy within 6 months after July 15, 2016 (the | ||
effective date of Public Act 99-550) concerning the types of | ||
events that would be eligible for an exemption. Thereafter, the | ||
Board of Trustees may issue revised, updated, new, or amended | ||
policies as it deems necessary and appropriate. In preparing | ||
its written policy, the Board of Trustees shall, in addition to | ||
other factors it considers relevant and important, give | ||
consideration to the following: (i) whether the event is a | ||
student activity or student-related activity; (ii) whether the | ||
physical setting of the event is conducive to control of liquor | ||
sales and distribution; (iii) the ability of the event operator | ||
to ensure that the sale or serving of alcoholic liquors and the | ||
demeanor of the participants are in accordance with State law | ||
and community college district policies; (iv) the anticipated | ||
attendees at the event and the relative proportion of |
individuals under the age of 21 to individuals age 21 or older; | ||
(v) the ability of the venue operator to prevent the sale or | ||
distribution of alcoholic liquors to individuals under the age | ||
of 21; (vi) whether the event prohibits participants from | ||
removing alcoholic beverages from the venue; and (vii) whether | ||
the event prohibits participants from providing their own | ||
alcoholic liquors to the venue. This paragraph does not apply | ||
to any community college district authorized to sell or serve | ||
alcoholic liquor under any other provision of this Section. | ||
Alcoholic liquor may be delivered to and sold at retail in | ||
the
Dorchester Senior Business Center owned by the Village of | ||
Dolton if the
alcoholic liquor is sold or dispensed only in | ||
connection with organized
functions for which the planned | ||
attendance is 20 or more persons, and if
the person or facility | ||
selling or dispensing the alcoholic liquor has
provided dram | ||
shop liability insurance in maximum limits so as to hold
| ||
harmless the Village of Dolton and the State from all financial | ||
loss,
damage and harm.
| ||
Alcoholic liquors may be delivered to and sold at retail in | ||
any
building used as an Illinois State Armory provided:
| ||
(i) the Adjutant General's written consent to the | ||
issuance of a
license to sell alcoholic liquor in such | ||
building is filed with the
Commission;
| ||
(ii) the alcoholic liquor is sold or dispensed only in | ||
connection
with organized functions held on special | ||
occasions;
|
(iii) the organized function is one for which the | ||
planned attendance
is 25 or more persons; and
| ||
(iv) the facility selling or dispensing the alcoholic | ||
liquors has
provided dram shop liability insurance in | ||
maximum limits so as to save
harmless the facility and the | ||
State from all financial loss, damage or harm.
| ||
Alcoholic liquors may be delivered to and sold at retail in | ||
the Chicago
Civic Center, provided that:
| ||
(i) the written consent of the Public Building | ||
Commission which
administers the Chicago Civic Center is | ||
filed with the Commission;
| ||
(ii) the alcoholic liquor is sold or dispensed only in | ||
connection with
organized functions held on special | ||
occasions;
| ||
(iii) the organized function is one for which the | ||
planned attendance is
25 or more persons;
| ||
(iv) the facility selling or dispensing the alcoholic | ||
liquors has
provided dram shop liability insurance in | ||
maximum limits so as to hold
harmless the Civic Center, the | ||
City of Chicago and the State from all
financial loss, | ||
damage or harm; and
| ||
(v) all applicable local ordinances are complied with.
| ||
Alcoholic liquors may be delivered or sold in any building | ||
belonging to
or under the control of any city, village or | ||
incorporated town where more
than 75% of the physical | ||
properties of the building is used for commercial
or |
recreational purposes, and the building is located upon a pier | ||
extending
into or over the waters of a navigable lake or stream | ||
or on the shore of a
navigable lake or stream.
In accordance | ||
with a license issued under this Act, alcoholic liquor may be | ||
sold, served, or delivered in buildings and facilities under
| ||
the control
of the Department of Natural Resources during | ||
events or activities lasting no more than 7 continuous days | ||
upon the written approval of the
Director of
Natural Resources | ||
acting as the controlling government authority. The Director
of
| ||
Natural Resources may specify conditions on that approval, | ||
including but not
limited to
requirements for insurance and | ||
hours of operation.
Notwithstanding any other provision of this | ||
Act, alcoholic liquor sold by a
United States Army Corps of | ||
Engineers or Department of Natural
Resources
concessionaire | ||
who was operating on June 1, 1991 for on-premises consumption
| ||
only is not subject to the provisions of Articles IV and IX. | ||
Beer and wine
may be sold on the premises of the Joliet Park | ||
District Stadium owned by
the Joliet Park District when written | ||
consent to the issuance of a license
to sell beer and wine in | ||
such premises is filed with the local liquor
commissioner by | ||
the Joliet Park District. Beer and wine may be sold in
| ||
buildings on the grounds of State veterans' homes when written | ||
consent to
the issuance of a license to sell beer and wine in | ||
such buildings is filed
with the Commission by the Department | ||
of Veterans' Affairs, and the
facility shall provide dram shop | ||
liability in maximum insurance coverage
limits so as to save |
the facility harmless from all financial loss, damage
or harm. | ||
Such liquors may be delivered to and sold at any property owned | ||
or
held under lease by a Metropolitan Pier and Exposition | ||
Authority or
Metropolitan Exposition and Auditorium Authority.
| ||
Beer and wine may be sold and dispensed at professional | ||
sporting events
and at professional concerts and other | ||
entertainment events conducted on
premises owned by the Forest | ||
Preserve District of Kane County, subject to
the control of the | ||
District Commissioners and applicable local law,
provided that | ||
dram shop liability insurance is provided at maximum coverage
| ||
limits so as to hold the District harmless from all financial | ||
loss, damage
and harm.
| ||
Nothing in this Section shall preclude the sale or delivery | ||
of beer and
wine at a State or county fair or the sale or | ||
delivery of beer or wine at a
city fair in any otherwise lawful | ||
manner.
| ||
Alcoholic liquors may be sold at retail in buildings in | ||
State parks
under the control of the Department of Natural | ||
Resources,
provided:
| ||
a. the State park has overnight lodging facilities with | ||
some
restaurant facilities or, not having overnight | ||
lodging facilities, has
restaurant facilities which serve | ||
complete luncheon and dinner or
supper meals,
| ||
b. (blank), and
| ||
c. the alcoholic liquors are sold by the State park | ||
lodge or
restaurant concessionaire only during the hours |
from 11 o'clock a.m. until
12 o'clock midnight. | ||
Notwithstanding any other provision of this Act,
alcoholic | ||
liquor sold by the State park or restaurant concessionaire | ||
is not
subject to the provisions of Articles IV and IX.
| ||
Alcoholic liquors may be sold at retail in buildings on | ||
properties
under the control of the Division of Historic Sites | ||
and Preservation Division of the Department of Natural | ||
Resources
Historic Preservation
Agency or the Abraham Lincoln | ||
Presidential Library and Museum provided:
| ||
a. the property has overnight lodging facilities with | ||
some restaurant
facilities or, not having overnight | ||
lodging facilities, has restaurant
facilities which serve | ||
complete luncheon and dinner or supper meals,
| ||
b. consent to the issuance of a license to sell | ||
alcoholic liquors in
the buildings has been filed with the | ||
commission by the Division of Historic Sites and
| ||
Preservation Division
of the Department of Natural | ||
Resources Historic
Preservation Agency or the Abraham | ||
Lincoln Presidential Library and Museum,
and
| ||
c. the alcoholic liquors are sold by the lodge or | ||
restaurant
concessionaire only during the hours from 11 | ||
o'clock a.m. until 12 o'clock
midnight.
| ||
The sale of alcoholic liquors pursuant to this Section does | ||
not
authorize the establishment and operation of facilities | ||
commonly called
taverns, saloons, bars, cocktail lounges, and | ||
the like except as a part
of lodge and restaurant facilities in |
State parks or golf courses owned
by Forest Preserve Districts | ||
with a population of less than 3,000,000 or
municipalities or | ||
park districts.
| ||
Alcoholic liquors may be sold at retail in the Springfield
| ||
Administration Building of the Department of Transportation | ||
and the
Illinois State Armory in Springfield; provided, that | ||
the controlling
government authority may consent to such sales | ||
only if
| ||
a. the request is from a not-for-profit organization;
| ||
b. such sales would not impede normal operations of the | ||
departments
involved;
| ||
c. the not-for-profit organization provides dram shop | ||
liability in
maximum insurance coverage limits and agrees | ||
to defend, save harmless
and indemnify the State of | ||
Illinois from all financial loss, damage or harm;
| ||
d. no such sale shall be made during normal working | ||
hours of the
State of Illinois; and
| ||
e. the consent is in writing.
| ||
Alcoholic liquors may be sold at retail in buildings in | ||
recreational
areas of river conservancy districts under the | ||
control of, or leased
from, the river conservancy districts. | ||
Such sales are subject to
reasonable local regulations as | ||
provided in Article IV; however, no such
regulations may | ||
prohibit or substantially impair the sale of alcoholic
liquors | ||
on Sundays or Holidays.
| ||
Alcoholic liquors may be provided in long term care |
facilities owned or
operated by a county under Division 5-21 or | ||
5-22 of the Counties Code,
when approved by the facility | ||
operator and not in conflict
with the regulations of the | ||
Illinois Department of Public Health, to
residents of the | ||
facility who have had their consumption of the alcoholic
| ||
liquors provided approved in writing by a physician licensed to | ||
practice
medicine in all its branches.
| ||
Alcoholic liquors may be delivered to and dispensed in | ||
State housing
assigned to employees of the Department of | ||
Corrections.
No person shall furnish or allow to be furnished | ||
any alcoholic
liquors to any prisoner confined in any jail, | ||
reformatory, prison or house
of correction except upon a | ||
physician's prescription for medicinal purposes.
| ||
Alcoholic liquors may be sold at retail or dispensed at the | ||
Willard Ice
Building in Springfield, at the State Library in | ||
Springfield, and at
Illinois State Museum facilities by (1) an
| ||
agency of the State, whether legislative, judicial or | ||
executive, provided
that such agency first obtains written | ||
permission to sell or dispense
alcoholic liquors from the | ||
controlling government authority, or by (2) a
not-for-profit | ||
organization, provided that such organization:
| ||
a. Obtains written consent from the controlling | ||
government authority;
| ||
b. Sells or dispenses the alcoholic liquors in a manner | ||
that does not
impair normal operations of State offices | ||
located in the building;
|
c. Sells or dispenses alcoholic liquors only in | ||
connection with an
official activity in the building;
| ||
d. Provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in | ||
which the carrier agrees to
defend, save harmless and | ||
indemnify the State of Illinois from all
financial loss, | ||
damage or harm arising out of the selling or dispensing of
| ||
alcoholic liquors.
| ||
Nothing in this Act shall prevent a not-for-profit | ||
organization or agency
of the State from employing the services | ||
of a catering establishment for
the selling or dispensing of | ||
alcoholic liquors at authorized functions.
| ||
The controlling government authority for the Willard Ice | ||
Building in
Springfield shall be the Director of the Department | ||
of Revenue. The
controlling government authority for Illinois | ||
State Museum facilities shall
be the Director of the Illinois | ||
State Museum. The controlling government
authority for the | ||
State Library in Springfield shall be the Secretary of State.
| ||
Alcoholic liquors may be delivered to and sold at retail or | ||
dispensed
at any facility, property or building under the | ||
jurisdiction of the Division of
Historic Sites and Preservation | ||
Division of the Department of Natural Resources
Historic | ||
Preservation Agency
or the Abraham
Lincoln Presidential | ||
Library and Museum
where the delivery, sale or
dispensing is by | ||
(1)
an agency of the State, whether legislative, judicial or | ||
executive,
provided that such agency first obtains written |
permission to sell or
dispense alcoholic liquors from a | ||
controlling government authority, or by (2) an individual or | ||
organization provided that such individual or organization:
| ||
a. Obtains written consent from the controlling | ||
government authority;
| ||
b. Sells or dispenses the alcoholic liquors in a manner | ||
that does not
impair normal workings of State offices or | ||
operations located at the
facility, property or building;
| ||
c. Sells or dispenses alcoholic liquors only in | ||
connection with an
official activity of the individual or | ||
organization in the facility,
property or building;
| ||
d. Provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in | ||
which the carrier agrees to
defend, save harmless and | ||
indemnify the State of Illinois from all
financial loss, | ||
damage or harm arising out of the selling or dispensing of
| ||
alcoholic liquors.
| ||
The controlling government authority for the Division of
| ||
Historic Sites and Preservation Division of the Department of | ||
Natural Resources
Historic Preservation Agency
shall be the | ||
Director of Natural Resourc | ||
es the Historic Sites and | ||
Preservation , and the
controlling
government authority for the | ||
Abraham Lincoln Presidential Library and Museum
shall be the | ||
Executive Director of the Abraham Lincoln Presidential Library | ||
and Museum.
| ||
Alcoholic liquors may be delivered to and sold at retail or |
dispensed for
consumption at the Michael Bilandic Building at | ||
160 North LaSalle Street,
Chicago IL 60601, after the normal | ||
business hours of any day care or child care
facility located | ||
in the building, by (1) a commercial tenant or subtenant
| ||
conducting business on the premises under a lease made pursuant | ||
to Section
405-315 of the Department of Central Management | ||
Services Law (20 ILCS
405/405-315), provided that such tenant | ||
or subtenant who accepts delivery of,
sells, or dispenses | ||
alcoholic liquors shall procure and maintain dram shop
| ||
liability insurance in maximum coverage limits and in which the | ||
carrier
agrees to defend, indemnify, and save harmless the | ||
State of Illinois from
all financial loss, damage, or harm | ||
arising out of the delivery, sale, or
dispensing of alcoholic | ||
liquors, or by (2) an agency of the State, whether
legislative, | ||
judicial, or executive, provided that such agency first obtains
| ||
written permission to accept delivery of and sell or dispense | ||
alcoholic liquors
from the Director of Central Management | ||
Services, or by (3) a not-for-profit
organization, provided | ||
that such organization:
| ||
a. obtains written consent from the Department of | ||
Central Management
Services;
| ||
b. accepts delivery of and sells or dispenses the | ||
alcoholic liquors in a
manner that does not impair normal | ||
operations of State offices located in the
building;
| ||
c. accepts delivery of and sells or dispenses alcoholic | ||
liquors only in
connection with an official activity in the |
building; and
| ||
d. provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in | ||
which the carrier agrees to
defend, save harmless, and | ||
indemnify the State of Illinois from all
financial loss, | ||
damage, or harm arising out of the selling or dispensing of
| ||
alcoholic liquors.
| ||
Nothing in this Act shall prevent a not-for-profit | ||
organization or agency
of the State from employing the services | ||
of a catering establishment for
the selling or dispensing of | ||
alcoholic liquors at functions authorized by
the Director of | ||
Central Management Services.
| ||
Alcoholic liquors may be sold at retail or dispensed at the | ||
James R.
Thompson Center in Chicago, subject to the provisions | ||
of Section 7.4 of the
State Property Control Act, and 222 South | ||
College Street in Springfield,
Illinois by (1) a commercial | ||
tenant or subtenant conducting business on the
premises under a | ||
lease or sublease made pursuant to Section 405-315 of the
| ||
Department of Central Management Services Law (20 ILCS | ||
405/405-315), provided
that such tenant or subtenant who
sells | ||
or dispenses alcoholic liquors shall procure and maintain dram | ||
shop
liability insurance in maximum coverage limits and in | ||
which the carrier
agrees to defend, indemnify and save harmless | ||
the State of Illinois from
all financial loss, damage or harm | ||
arising out of the sale or dispensing of
alcoholic liquors, or | ||
by (2) an agency of the State, whether legislative,
judicial or |
executive, provided that such agency first obtains written
| ||
permission to sell or dispense alcoholic liquors from the | ||
Director of
Central Management Services, or by (3) a | ||
not-for-profit organization,
provided that such organization:
| ||
a. Obtains written consent from the Department of | ||
Central Management
Services;
| ||
b. Sells or dispenses the alcoholic liquors in a manner | ||
that does not
impair normal operations of State offices | ||
located in the building;
| ||
c. Sells or dispenses alcoholic liquors only in | ||
connection with an
official activity in the building;
| ||
d. Provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in | ||
which the carrier agrees to
defend, save harmless and | ||
indemnify the State of Illinois from all
financial loss, | ||
damage or harm arising out of the selling or dispensing of
| ||
alcoholic liquors.
| ||
Nothing in this Act shall prevent a not-for-profit | ||
organization or agency
of the State from employing the services | ||
of a catering establishment for
the selling or dispensing of | ||
alcoholic liquors at functions authorized by
the Director of | ||
Central Management Services.
| ||
Alcoholic liquors may be sold or delivered at any facility | ||
owned by the
Illinois Sports Facilities Authority provided that | ||
dram shop liability
insurance has been made available in a | ||
form, with such coverage and in such
amounts as the Authority |
reasonably determines is necessary.
| ||
Alcoholic liquors may be sold at retail or dispensed at the | ||
Rockford
State Office Building by (1) an agency of the State, | ||
whether legislative,
judicial or executive, provided that such | ||
agency first obtains written
permission to sell or dispense | ||
alcoholic liquors from the Department of
Central Management | ||
Services, or by (2) a not-for-profit organization,
provided | ||
that such organization:
| ||
a. Obtains written consent from the Department of | ||
Central Management
Services;
| ||
b. Sells or dispenses the alcoholic liquors in a manner | ||
that does not
impair normal operations of State offices | ||
located in the building;
| ||
c. Sells or dispenses alcoholic liquors only in | ||
connection with an
official activity in the building;
| ||
d. Provides, or its catering service provides, dram | ||
shop liability
insurance in maximum coverage limits and in | ||
which the carrier agrees to defend,
save harmless and | ||
indemnify the State of Illinois from all financial loss,
| ||
damage or harm arising out of the selling or dispensing of | ||
alcoholic liquors.
| ||
Nothing in this Act shall prevent a not-for-profit | ||
organization or agency
of the State from employing the services | ||
of a catering establishment for
the selling or dispensing of | ||
alcoholic liquors at functions authorized by
the Department of | ||
Central Management Services.
|
Alcoholic liquors may be sold or delivered in a building | ||
that is owned
by McLean County, situated on land owned by the | ||
county in the City of
Bloomington, and used by the McLean | ||
County Historical Society if the sale
or delivery is approved | ||
by an ordinance adopted by the county board, and
the | ||
municipality in which the building is located may not prohibit | ||
that
sale or delivery, notwithstanding any other provision of | ||
this Section. The
regulation of the sale and delivery of | ||
alcoholic liquor in a building that
is owned by McLean County, | ||
situated on land owned by the county, and used
by the McLean | ||
County Historical Society as provided in this paragraph is an
| ||
exclusive power and function of the State and is a denial and | ||
limitation
under Article VII, Section 6, subsection (h) of the | ||
Illinois Constitution
of the power of a home rule municipality | ||
to regulate that sale and delivery.
| ||
Alcoholic liquors may be sold or delivered in any building | ||
situated on
land held in trust for any school district | ||
organized under Article 34 of
the School Code, if the building | ||
is not used for school purposes and if the
sale or delivery is | ||
approved by the board of education.
| ||
Alcoholic liquors may be delivered to and sold at retail in | ||
any building owned by a public library district, provided that | ||
the delivery and sale is approved by the board of trustees of | ||
that public library district and is limited to library | ||
fundraising events or programs of a cultural or educational | ||
nature. Before the board of trustees of a public library |
district may approve the delivery and sale of alcoholic | ||
liquors, the board of trustees of the public library district | ||
must have a written policy that has been approved by the board | ||
of trustees of the public library district governing when and | ||
under what circumstances alcoholic liquors may be delivered to | ||
and sold at retail on property owned by that public library | ||
district. The written policy must (i) provide that no alcoholic | ||
liquor may be sold, distributed, or consumed in any area of the | ||
library accessible to the general public during the event or | ||
program, (ii) prohibit the removal of alcoholic liquor from the | ||
venue during the event, and (iii) require that steps be taken | ||
to prevent the sale or distribution of alcoholic liquor to | ||
persons under the age of 21. Any public library district that | ||
has alcoholic liquor delivered to or sold at retail on property | ||
owned by the public library district shall provide dram shop | ||
liability insurance in maximum insurance coverage limits so as | ||
to save harmless the public library districts from all | ||
financial loss, damage, or harm. | ||
Alcoholic liquors may be sold or delivered in buildings | ||
owned
by the Community Building Complex Committee of Boone | ||
County,
Illinois if the person or facility selling or | ||
dispensing the
alcoholic liquor has provided dram shop | ||
liability insurance with coverage and
in amounts that the | ||
Committee reasonably determines are necessary.
| ||
Alcoholic liquors may be sold or delivered in the building | ||
located at
1200 Centerville Avenue in Belleville, Illinois and |
occupied by either the
Belleville Area Special Education | ||
District or the Belleville Area Special
Services
Cooperative. | ||
Alcoholic liquors may be delivered to and sold at the Louis | ||
Joliet
Renaissance Center, City Center Campus, located at 214 | ||
N. Ottawa Street,
Joliet, and
the Food Services/Culinary Arts | ||
Department facilities, Main Campus, located at
1215 Houbolt | ||
Road, Joliet, owned by or under the control of Joliet Junior
| ||
College,
Illinois Community College District No. 525.
| ||
Alcoholic liquors may be delivered to and sold at Triton | ||
College, Illinois Community College District No. 504. | ||
Alcoholic liquors may be delivered to and sold at the | ||
College of DuPage, Illinois Community College District No. 502. | ||
Alcoholic liquors may be delivered to and sold on any | ||
property owned, operated, or controlled by Lewis and Clark | ||
Community College, Illinois Community College District No. | ||
536. | ||
Alcoholic liquors may be delivered to and sold at the | ||
building located at 446 East Hickory Avenue in Apple River, | ||
Illinois, owned by the Apple River Fire Protection District, | ||
and occupied by the Apple River Community Association if the | ||
alcoholic liquor is sold or dispensed only in connection with | ||
organized functions approved by the Apple River Community | ||
Association for which the planned attendance is 20 or more | ||
persons and if the person or facility selling or dispensing the | ||
alcoholic liquor has provided dram shop liability insurance in | ||
maximum limits so as to hold harmless the Apple River Fire |
Protection District, the Village of Apple River, and the Apple | ||
River Community Association from all financial loss, damage, | ||
and harm. | ||
Alcoholic liquors may be delivered to and sold at the Sikia | ||
Restaurant, Kennedy King College Campus, located at 740 West | ||
63rd Street, Chicago, and at the Food Services in the Great | ||
Hall/Washburne Culinary Institute Department facility, Kennedy | ||
King College Campus, located at 740 West 63rd Street, Chicago, | ||
owned by or under the control of City Colleges of Chicago, | ||
Illinois Community College District No. 508.
| ||
(Source: P.A. 99-78, eff. 7-20-15; 99-484, eff. 10-30-15; | ||
99-550, eff. 7-15-16; 99-559, eff. 7-15-16; 99-795, eff. | ||
8-12-16; 100-120, eff. 8-18-17; 100-201, eff. 8-18-17.) | ||
Section 120. The Illinois Highway Code is amended by | ||
changing Section 4-201.5 as follows:
| ||
(605 ILCS 5/4-201.5) (from Ch. 121, par. 4-201.5)
| ||
Sec. 4-201.5.
To lay out, construct and maintain, as a part | ||
of the
State highway system, highways and entrances which will | ||
connect any
State highway, now existing or hereafter | ||
constructed, with any State
park, State forest, State wildlife | ||
or fish refuge, the grounds of any State
institution or any | ||
recreational, scenic or historic place owned or
operated by the | ||
State; any national cemetery; and to any tax supported
airport | ||
constructed in part by State and federal funds; and, with the
|
consent of the Department of Natural Resources, to
construct, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
maintain and
repair that part of any road or bridge, not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
otherwise under the
jurisdiction of the Department, which lies | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
within any State park, State
conservation area, State forest, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
State wildlife and fish refuge, or any
other recreational | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
scenic area owned and operated by the
Department of Natural | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Resources.
With the consent of the Department of Natural | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Resources Historic Preservation Agency , to construct,
maintain | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
and repair that part of any road or bridge, not otherwise under
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
the jurisdiction of the Department, which lies within any State | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Historic
Site owned and operated by the Department of Natural | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Resources Historic Preservation Agency .
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Source: P.A. 89-445, eff. 2-7-96.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
becoming law.
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